Saving Seafood

New England Council Supports Regional Administrator’s Action to Enforce Groundfish Sector IX Operations Plan

November 21, 2017 — The following was released by the New England Fisheries Management Council:

The New England Fishery Management Council supports today’s announcement by the National Marine Fisheries Service’s (NMFS) Greater Atlantic Regional Fisheries Office (GARFO) that it will be enforcing groundfish sector rules and the Northeast Fishery Sector IX operations plan.

Under Amendment 16 to the Council’s groundfish plan, GARFO’s regional administrator has authority to withdraw approval of a sector at any time he or she, after consulting with the New England Council, determines that: (1) sector participants are not complying with the requirements of an approved operations plan; or (2) “continuation of the operations plan will undermine achievement of fishing mortality objectives” of the Northeast Multispecies Fishery Management Plan.

Regional Administrator Bullard consulted with the Council on two occasions – first during the Council’s June meeting in Portland, ME and then again during the September meeting in Gloucester, MA. On September 27, the Council voted to request that “GARFO immediately enforce sector regulations and the Sector IX operations plan.”

“We asked them to enforce the rule, and that’s what they’re doing,” said Council Executive Director Tom Nies. “Since 2004, the Council has emphasized repeatedly that sectors are responsible for monitoring their catch and enforcing sector provisions. Sector IX failed to comply with its own enforcement provisions when its president admitted to reporting violations.”

NMFS published an interim final rule on April 28, 2017 stating it had “provisionally approved” the Sector IX operations plan for 2017 and 2018, along with the annual catch entitlement (ACE) allocated to the sector for 2017.

Carlos Rafael, who was president of the sector at that time, pleaded guilty on March 30 to falsely reporting catch information for 13 vessels operating under the sector. However, since the Rafael case was under litigation when NMFS published the interim final rule approving all of the region’s 19 sectors and their operations plans, the agency stated its intention to take “additional action” if warranted for Sector IX following settlement of Rafael’s criminal case.

Rafael was sentenced September 25 in U.S. District Court in Boston to 46 months in prison, three years of supervised release, and fines. On October 11, he was further ordered to forfeit his interests in four vessels and their associated permits.

GARFO’s announcement today withdrawing approval of the Sector IX operations plans means that vessels enrolled in Sector IX are prohibited from: (1) fishing on a sector trip and harvesting sector ACE; (2) fishing on a common pool trip; or (3) joining another sector.

However, the action does not reallocate the ACE to other sectors or to the common pool. NMFS is continuing to analyze the extent of the sector’s ACE overages based on the misreporting of catch information for several stocks. The agency stated, “Any accountability measures, such as assessing and deducting ACE overages incurred by the sector, (will) be determined in a future action.”

“For the future success of the sector system, fishermen and the public must be confident that sectors will adhere to management provisions.”

– New England Fishery Management Council in a September 29, 2017 letter to GARFO Regional Administrator John Bullard seeking immediate enforcement of sector regulations and the Sector IX operations plan

Learn more about the NEFMC by visiting their site here.

 

NOAA Fisheries Seeks Comments on Proposed Rule for Northeast Skate

October 20, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries seeks public comment on a proposed rule to modify the Northeast Skate Complex Fishery Management Plan.

Framework 4 would alter effort controls and possession limits to help reduce the risk of the skate bait fishery closing down as it did in fishing year 2016. Several measures are proposed to de-couple the skate wing and bait accountability measures, control catch, and provide a more consistent supply of skate bait to the lobster fishery. We propose to:

  • Reduce the Season 3 (November through April) bait skate possession limit from 25,000 lb to 12,000 lb;
  • Reduce the Season 3 bait skate in-season possession limit reduction threshold trigger from 90 to 80 percent;
  • Establish an 8,000-lb incidental possession limit for skate bait when a seasonal threshold trigger is reached; and,
  • Close the skate bait fishery when 100 percent of the quota is projected to be harvested.

To get all the details on these proposed management measures, read the proposed rule as published in theFederal Register today and the background documents available on the Regs.gov website.

We are accepting comments through November 6.

Please submit comments either through the online e-rulemaking portal or by mailing your comments to: John Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA, 01930.

Please mark the outside of the envelope, “Comments on the Proposed Rule for Skates Framework 4.”

Questions? Contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov.

NOAA Fisheries Seeks Comments on Notice of Availability for the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2

October 6, 2017 — The following was released by NOAA Fisheries:

Today, we published a Notice of Availability for the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2.

We are seeking public comment on an action that would:

  • Revise the essential fish habitat designations for all New England Fishery Management Council-managed species and life stages;
  • Add Habitat Areas of Particular Concern to highlight especially important habitat areas;
  • Revise the spatial management system within the Gulf of Maine, Georges Bank, and the southern New England area;
  • Establish two Dedicated Habitat Research Areas;
  • Revise or implement seasonal spawning protection measures; and
  • Add system for reviewing and updating the proposed measures.

Read the Notice as published in the Federal Register, and submit your comments through the online portal. You may also submit comments through regular mail to: John Bullard, Regional Administrator, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930.

The comment period is open through December 5, 2017.

Retiring NOAA exec has impossible to-do list: whale deaths, Rafael decision, more

September 29, 2017 — GLOUCESTER, Mass. — John Bullard knows he has a daunting list of tasks to complete before he walks away, in about three months, from his position as the National Oceanic and Atmospheric Administration’s (NOAA’s) top decision maker for the northeastern part of the US.

It’s urgent for NOAA to determine why so many right whales have recently died, take action to protect scallop populations in the northern Gulf of Maine and advance the Omnibus Habitat Amendment, a six-volume document that’s been in the works for 10 years and would address essential fish habitat as well as permanent and seasonal closed areas, he believes. But that’s just a few of the jobs he told Undercurrent News he wants to see to completion before leaving.

The announcement, made in July, that Bullard will retire as the administrator of NOAA Fisheries’ Greater Atlantic Region on Jan. 5 puts a cap on a recent five-year stint at the agency, which he told Undercurrent during a break at the New England Fishery Management Council meeting, is three years longer than he said he told his wife he would stay in the job. He said he has not yet decided what he will spend his time on after that.

“I’m retiring,” he reiterated when pressed. “I’m retiring.”

Neither will NOAA, which advertised Bullard’s job for a month starting on Aug. 7, say how many candidates it’s now considering to fill his post or suggest when a successor might be named. It’s the agency’s policy to “not comment on ongoing hiring actions,” a spokesperson said.

Whoever is awarded the position – one of five regional leadership positions for NOAA — will have the daunting job of working with the fishery councils to manage 44 fish stocks, including two in New England (scallops and lobster) that are worth more than $500 million per year each, according to the agency.

Read the full story at Undercurrent News

JOHN BULLARD: Houston should inspire us to keep shooting for the moon

September 8, 2017 — Think back to those times when we could do big things. When nothing was outside our grasp. When that young president asked us to do something for our country. When he inspired us with science. When science was a wonderful thing that brought the moon within reach.

Boy, could we use a president like that now. One not concerned about crowd size, but with the empathy to see and respond to the apprehensive and anxious victims in the crowd. One who understands the science behind the large storms and floods that now threaten our nation, and with the vision to be on the forefront of a new worldwide green economy rooted in science. One who can inspire us with a future of hope and aspiration.

There is an opportunity right now, in the teeth of the storm, for real leadership to do and inspire us to do great things.

Leaders can call the American people to do great things, but they have to ask. They have to describe the challenge and why it is important. They have to inspire confidence that, to borrow from FDR, “We will gain the inevitable victory.” And, importantly, they have to ask for our personal participation. Yes, you have to join in. You have to be in the arena helping out, just as so many of the people of Texas are doing right now. You have to be willing to work for it. As JFK said, “because it is hard.” No guts, no glory.

We celebrated science and technology when they were used to predict the eclipse. We love science and technology when they cure disease. We are grateful to science and technology when they are used by NOAA to forecast the path Harvey or Irma will take and how much rain will fall. Why, when scientists predict what will happen with climate change, does everyone get all political and talk about their “beliefs”? It’s not about what you believe. It’s natural laws. Like gravity. Nature doesn’t care what any of us “believes.” Nature just works. If we keep putting more CO2 in the atmosphere, we can expect more Houstons.

Our hearts go out to the people of Texas, and now those in the path of Irma. In the state of Texas, which produces more wind energy than the next three states combined, does it really have to be that way? Or, with real leadership from the top, could the American people show us once again that we can “make this effort, to solve these mysteries, to solve them for the good of all men”?

Read the full opinion piece at the Boston Globe

 

Conservation Law Foundation submits victim impact statement in Carlos Rafael case

September 7, 2017 — NEW BEDFORD — Within the past 10 days, the Conservation Law Foundation sent three letters to various individuals involved — either directly or indirectly — with the Carlos Rafael case.

The foundation doesn’t represent any party directly, but its goal is to “use the law, science and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy,” according to its website.

CLF sees Rafael’s guilty plea in March to illegal fishing as infringing on its principles.

“Discovering there’s been someone who has been systematically trying to undercut management, from our perspective not only harms the fisheries but also the work we’ve done,” senior counsel for CLF Peter Shelley said.

Shelley drafted all three letters. The first, he sent Aug. 29 to the New England Fishery Management Council’s Chair John Quinn and Executive Director Thomas Nies.

The second was addressed to NOAA’s John Bullard, the regional administrator, and Joe Heckwolf, an enforcement attorney, was sent Sept. 1.

The final letter, dated Sept. 6, was addressed to Judge William Young, who presided over Rafael’s plea agreement and will sentence the New Bedford fishing giant on Sept. 25 and 26.

Read the full story at the New Bedford Standard-Times

 

JOHN BULLARD: Set facts straight on scallop recovery

September 7, 2017 — Don Cuddy continues to peddle a simplistic, incorrect and unfair fable about the rebuilding of the scallop stocks that places all credit for the turnaround on the shoulders of Dr. Kevin Stokesbury (“Stokesbury’s science continues to yield scallops for SouthCoast,” Sept. 3).

Mr. Cuddy says that Dr. Stokesbury’s camera work caused Secretary Daley to open up the scallop grounds, causing New Bedford to be the top dollar port ever since. First of all, it was the New England Fishery Management Council that closed the grounds to scalloping in 1994, which allowed the scallops to grow from 40 count to U10′s by 1998 and to spawn several times before being harvested. They certainly deserve some credit for making that courageous decision.

Read the full letter at the New Bedford Standard-Times

 

Mass delegation supports putting Carlos Rafael’s forfeiture toward electronic monitoring

August 22, 2017 — NEW BEDFORD, Mass. — John Bullard wants to arm fishing vessels with a smartphone — figuratively speaking.

“Nobody has rotary phones anymore, we just assume smartphones are the way we communicate and all the benefits of smartphones we’ve come to expect as normal,” Bullard said. ”(Electronic monitoring) is what we’re going to transition to, but it’s going to take time.”

NOAA’s Northeast Regional director said he believes current methods can lead to inaccurate science. Last week, NOAA conducted a fishing stock assessment meeting in New Bedford where similar concerns of bad science emerged. The root of the concern was data from false reports.

Electronic monitoring, specifically cameras on vessels, would provide accurate information.

“This is a major, in my opinion, improvement,” Bullard said. “I think it’s a major benefit to the industry.”

A letter signed by 12 members of the Massachusetts House of Representatives sparked discussion of electronic monitoring. The group, which included Patricia Haddad representing Bristol’s 5th District, sent the letter to Charlie Baker asking the governor to use any capital forfeiture associated with Carlos Rafael’s sentencing to pay for electronic monitoring.

Rafael pleaded guilty in March to false labeling fishing quotas. His sentencing hearing is Sept. 25 and 26 in Boston.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Improving the science is key

Gov. Baker pledges support for new studies, research on fishing industry

July 31, 2017 — Governor Charlie Baker says more and stronger data will help Gloucester fishermen push back against federal fisheries regulations they believe are unwarranted and which, they claim, are in some cases based on inaccurate government data.

Citing scientific data as key to reviving not only Gloucester’s, but also the state’s fishing industry, Baker told a roomful of fishermen and their supporters Thursday that he will continue to support their push for new studies and other research. He also hailed the Gloucester-based Northeast Seafood Coalition for its focus on those needs.

“We’re very proud of you and all that you are doing to improve the science,” Baker told up to 300 people gathered for the coalition’s annual fundraiser at The Gloucester House. The benefit, which was expected to raise up to $50,000 for the fishing industry policy and advocacy organization, carried a theme of “Know fish, better science.”

“We look forward to working with you, and we are committed to advocating for you,” the governor added, noting that the coalition continues to push for a greater role for fishermen in government trawl studies and other research used to craft fishing quotas on cod and other groundfish. “We respect the work you do, and we look to working with you and for you long into the future.”

Baker, who has consistently sided with fishermen in their questioning of the accuracy of government catch data, made his latest visit to Gloucester two weeks after the announcement that John Bullard, NOAA Fisheries’ Greater Atlantic regional administrator for the past five years, is retiring in January.

Read the full story at the Gloucester Times

Trump administration steps in on fishing limits, and the implications could ripple

July 25, 2017 — [Commerce Secretary Wilbur] Ross earlier this month dismissed the findings of the 75-year-old Atlantic States Marine Fisheries Commission, which concluded that New Jersey was violating a conservation plan for summer flounder that all the other states in the compact approved. Many conservationists thought that New Jersey, while following protocols, was bowing to the fishing industry.

The decision, which effectively allows New Jersey to harvest more summer flounder, marked the first time the federal government had disregarded such a recommendation by the commission, and it drew a swift rebuke from state officials along the East Coast.

Officials in New Jersey, which has one of the region’s largest fluke populations, had drafted an alternative plan that they said would do more to protect the fishery, but it was rejected by the commission, whose scientists concluded the plan would result in nearly 94,000 additional fish being caught. Ross, who oversees the National Oceanic and Atmospheric Administration, overruled the commission, allowing New Jersey to proceed.

“New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective,” Chris Oliver, assistant administrator of fisheries at NOAA, wrote the commission in a letter on behalf of Ross.

“This is the first time that no one asked me for a formal recommendation,” said John Bullard, NOAA’s Greater Atlantic regional administrator. “The secretary’s decision goes against long-standing protocol, and there’s a cost to that.”  He added: “There’s a reason to have regional administrators, because their experience and knowledge is valuable in making decisions like this one. This is an unfortunate precedent.”

“Ross was brilliant in his decision,” said Jim Donofrio, executive director of the Recreational Fishing Alliance in New Jersey, which represents thousands of recreational fishermen across the country. “The Trump administration has challenged a broken fishery management system in this country, and I applaud them for doing it.”

Read the full story at the Boston Globe