Saving Seafood

NE Council in Rebuke to NOAA Demands Enforcement Against Rafael’s Sector IX Co-op for Overfishing

September 28, 2017 — SEAFOOD NEWS — The New England Fishery Management Council voted 13-1 to ask NOAA to immediately enforce regulations governing fish quota allocations to sectors in New England.  The move reflected growing frustration with NOAA’s lack of enforcement for Carlos Rafael’s overfishing.

Separate from the criminal trial and the issues of vessel forfeiture, Rafael’s Sector IX Co-op is in direct violation of Co-op requirements to correctly report catch, and to not exceed their quota.

Sector IX has mis-reported and exceeded its quota by nearly 783,000 lbs during a four year period.

NOAA regulations require that when Sectors have overages, they either purchase the quota required, or have that amount deducted from their future allocations.  Any overages also expose the sector to civil penalties and permit sanctions.  So far Sector IX has been allowed to continue fishing with none of these penalties months after Rafael pled guilty to 26 separate counts of falsifying fishing records.

Until now, NOAA, through administrator John Bullard, has said that any actions would await the conclusion of the criminal prosecution of Rafael.   But many have objected that the blatant violations by Sector IX, which was set up primarily for Rafael’s vessels, have not resulted in anything except business as usual for the sector, despite Rafael’s guilty plea in April of this year.

The Council’s first thought was again to avoid the issue until NOAA has addressed the permit violations and vessel seizures.  But the council reversed course when asked directly to take a position on the lack of enforcement of sector regulations.

Maine DMR commissioner Patrick Keliher made a motion to request immediate enforcement action against Sector IX. 

“If we don’t enforce these regulations, how can the public trust us to manage a public resource? “ asked Matthew McKenzie, a member of the NEFMC who seconded the motion.

The motion passed 12-2. 

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

ASMFC Northern Shrimp Section and Advisory Panel to Meet November 29th to Consider 2018 Fishery Specifications

September 28, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Northern Shrimp Section (Section) and Advisory Panel (AP) will meet on November 29, 2017 to consider specifications for the 2018 fishing season. The AP will meet in the morning (10 – 11:30 a.m.) to formulate recommendations for the Section’s consideration, and the Section will meet in the afternoon (1 – 3:30 p.m.) to set the specifications. Both meetings are scheduled to take place at the Westin Portland Harborview, Hotel 157 High Street, Portland, Maine; 207.517.8822.

In 2016, the Section approved a moratorium for the fourth consecutive fishing season (2014-2017) based on the status of the resource, which is considered at record low levels and experiencing low recruitment since 2012. The Northern Shrimp Technical Committee is currently updating the 2017 Northern Shrimp Stock Status Report, the findings of which will form the basis of the Section’s determinations for the 2018 season.  This Report will be included in the meeting materials, which will be available in early November.

For more information, please contact Max Appelman, Fishery Management Plan Coordinator, at mappelman@asmfc.org or 703.842.0740.

Constitutionality of seizing Carlos Rafael’s permits in question

September 27, 2017 — BOSTON –Judge William Young decided half of Carlos Rafael’s fate on Monday: The New Bedford fishing mogul was sentenced to 46-months in prison with three years supervised release and a $200,000 fine.

The other half, which Young continues to take under advisement, involves the 65-year-old’s 13 groundfish vessels and permits.

In court Monday, Young repeatedly questioned the constitutionality of the forfeiture, citing the excessive fines clause in the Eighth Amendment.

Young said courts with higher authority have heard and decided that fines exceeding four-times the maximum guideline are unconstitutional.

Regardless of how many permits Young orders to be forfeited, he made it clear he has no authority to decide what’s done with them.

NOAA’s guidelines call for the permits to be redistributed throughout the Northeast, which is why for months organizations and politicians have publicly called for redistribution or a deal that would remove Rafael from the industry. Many arguments focused on all 13, without consideration of a partial forfeiture.

Argument against redistribution

Allyson Jordan actually contributed to a portion of Rafael’s groundfish permits.

She sold two boats and four groundfish permits. Jordan said Maine’s fishermen had no interest in the permits until Rafael entered the picture.

“He bought permits and boats to make his business survive,” Jordan said. “I don’t believe they should be given back to the state of Maine. The state of Maine did nothing to help my industry, not to mention my business.”

“Everyone is coming out of the woodworks now,” Jordan said. “To be honest, they could have bought the permits.”

Support of redistribution

The Cape Cod Commercial Fishermen’s Alliance, which also manages the Cape Cod Fishermen’s Trust, also contributed to Rafael’s enterprise, but argued for redistribution of the permits as well as better monitoring.

According to Seth Rolbein, the director of the Cape Cod Fisheries Trust, Rafael acquired more nearly a million pounds of quota from the Trust.

From 2011 through 2015, the Trust leased 992,646 pounds of quota. The Trust has no records from 2010 and didn’t lease any to Sector IX after the U.S. Attorney released the indictment, tying Rafael to falsely labeling fish quotas.

“Our priority is to service our fishermen and our community,” Rolbein said. “If there are fish stock that our community is not using that we can not lease out at our subsidized rate to our own fishermen, we then will lease out to other sectors. The trust will lease fish to other sectors. But we will only do that once we’re satisfied that our own fishermen can’t use or don’t have use for that quota.”

What’s next?

The defense revealed Monday that Richard and Ray Canastra, of Whaling City Seafood Display Auction, have entered a Memorandum of Agreement to purchase Rafael’s entire fleet. Neither the U.S. Attorney nor NOAA have taken a final position on the sale.

Read the full story at the New Bedford Standard-Times

Herring fishing to be shut down along New England in October

September 27, 2017 — PORTSMOUTH, N.H. — Fishing regulators are shutting down a chunk of the New England coast to herring fishing for most of the month of October.

The Atlantic States Marine Fisheries Commission says vessels in the Atlantic herring fishery cannot catch or possess the fish in the shuttered area from Oct. 1 to Oct. 28. The closed area stretches along a coastal area that runs from southern Maine to Cape Cod.

The fisheries commission says the decision is based on an analysis of samples of female herring in the area.

Read the full story from the Associated Press at the Greenwich Time

Atlantic Herring Massachusetts/New Hampshire Spawning Closure in Effect Starting October 1 through October 28, 2017

September 27, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic Herring Area 1A (inshore Gulf of Maine) fishery regulations include seasonal spawning closures for portions of state and federal waters in Eastern Maine, Western Maine and Massachusetts/New Hampshire. The Commission’s Atlantic Herring Section approved a forecasting method that relies upon at least three samples, each containing at least 25 female herring in gonadal states III-V, to trigger a spawning closure.

Fifteen samples of female herring were collected to evaluate spawning condition. Based on the analysis of the samples, the Massachusetts/New Hampshire spawning area will be closed starting at 12:00 a.m. on October 1, 2017 extending through 11:59 p.m. on October 28, 2017. Vessels in the directed Atlantic herring fishery cannot take, land or possess Atlantic herring caught within the Massachusetts/New Hampshire spawning area during this time and must have all fishing gear stowed when transiting through the area. An incidental bycatch allowance of up to 2,000 pounds of Atlantic herring per trip/ calendar day applies to vessels in non-directed fisheries that are fishing within the Massachusetts/New Hampshire spawning area.

The Massachusetts/New Hampshire spawning area includes all waters bounded by the Massachusetts, New Hampshire and Maine coasts, and 43° 30’ N and 70° 00’ W.   For more information, please contact Toni Kerns, ISFMP Director, at 703.842.0740 or tkerns@asmfc.org.

A PDF version of the announcement can be found here –http://www.asmfc.org/files/AtlHerring/MA_NH_SpawningClosureSept2017.pdf

Atlantic Herring Western Maine Spawning Closure in Effect Starting September 26, 2017 through October 24, 2017

September 22, 2017 — The following was released by the Atlantic States Marine Fisheries Commission: 

The Atlantic Herring Area 1A (inshore Gulf of Maine) fishery regulations include seasonal spawning closures for portions of state and federal waters in Eastern Maine, Western Maine and Massachusetts/New Hampshire. The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved a forecasting method that relies upon at least three samples, each containing at least 25 female herring in gonadal states III-V, to trigger a spawning closure.

Sampling in the Western Maine spawning area began on July 31, 2017; four samples of female herring were collected to evaluate spawning condition. Based on the analysis of the samples, the Western Maine spawning area will be closed starting at 12:00 a.m. on September 26, 2017 extending through 11:59 p.m. on October 24, 2017. Vessels in the directed Atlantic herring fishery cannot take, land or possess Atlantic herring caught within the Western Maine spawning area during this time and must have all fishing gear stowed when transiting through the area. An incidental bycatch allowance of up to 2,000 pounds of Atlantic herring per trip/ calendar day applies to vessels in non-directed fisheries that are fishing within the Western Maine spawning area.

Western Maine spawning area includes all waters bounded by the following coordinates:

43° 30’ N     Maine coast
43° 30’ N      68° 54.5’ W
43° 48’ N         68° 20’ W
North to Maine coast at 68° 20’ W

For more information, please contact Toni Kerns, ISFMP Director, at 703.842.0740 or tkerns@asmfc.org.

Maine fishermen: adapting in a sea of change

September 21, 2017 — ORONO, Maine — Increasing environmental uncertainty coupled with rapidly changing market conditions in the Gulf of Maine raise important questions about the ability of Maine’s commercial fishermen to adapt. How resilient is the industry to these shifting waters? Who is best positioned to adapt and who is most vulnerable?

“We have started to explore these questions by studying the relationships fishermen have to marine resources in Maine,” says Joshua Stoll, assistant research professor at the University of Maine School of Marine Sciences and lead author of the paper “Uneven adaptive capacity among fishers in a sea of change” published in the peer-reviewed journal PLOS ONE.

“Most assessments of adaptability are conducted at the community scale, but our focus is on individual-level adaptive capacity because we think community-level analyses often obscure critical differences among fishermen and make the most at-risk groups invisible,” says Stoll, whose research was funded in part by a grant from the UMaine Senator George J. Mitchell Center for Sustainability Solutions, where he is a Faculty Fellow.

In their analysis, Stoll and co-authors Beatrice Crona and Emma Fuller identified over 600 types of fishing strategies in Maine based on the combinations of marine resources that fishermen target to support their livelihoods.

Read the full story at the Penobscot Bay Pilot

Atlantic Herring Area 1A effort controls

September 21, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s (Commission) Atlantic Herring Section Members from Maine, New Hampshire, and Massachusetts met today to revise effort controls in the Area 1A Trimester 2 fishery as well as set effort controls for Trimester 3.

Trimester 2 Effort Controls

The Section revised the effort control measures for the 2017 Area 1A Trimester 2 (June 1 – September 30) fishery. The revised measures are underlined and become effective Sunday, September 17, 2017.

Days Out of the Fishery

  • Vessels with a herring Category A permit that have declared into the Trimester 2 Area 1A fishery may land herring seven (7) consecutive days a week. One landing per 24 hour period. Vessels are prohibited from landing or possessing herring caught from Area 1A during a day out of the fishery.
    • Landing days in New Hampshire and Massachusetts begin on Monday of each week at 12:01 a.m.
    • Landings days in Maine begin on Sunday of each week at 6:00 p.m.
  • Small mesh bottom trawl vessels with a herring Category C or D permit that have declared into the Trimester 2 fishery may land herring seven (7) consecutive days a week.

Weekly Landing Limit

  • Vessels with a herring Category A permit may harvest up to 1 million pounds (25 trucks) per harvester vessel, per week.
  • 120,000 pounds out of the 1,000,000 pounds weekly limit can be transferred to a carrier vessel (see below).

At-Sea Transfer and Carrier Restrictions (no changes were made)
The following applies to harvester vessels with a herring Category A permit and carrier vessels landing herring caught in Area 1A to a Maine, New Hampshire or Massachusetts port.

  • A harvester vessel can transfer herring at-sea to another catcher vessel.
  • A harvester vessel is limited to making at-sea transfers to only one carrier vessel per week.
  • Carrier vessels are limited to receiving at-sea transfers from one catcher vessel per week and can land once per 24 hour period. A carrier vessel may land up to 120,000 pounds (3 trucks) per week.  The carrier limit of 3 trucks is not in addition to the harvester weekly  landing
  • Carrier vessel: a vessel with no gear on board capable of catching or processing fish. Harvester vessel: a vessel that is required to report the catch it has aboard as the harvesting vessel on the Federal Vessel Trip Report.

The initial Area 1A sub-annual catch limit (ACL) is 31,115 metric tons (mt) after adjusting for a carryover from 2015 and the research set-aside. The Section allocated 72.8% of the sub-ACL to Trimester 2 and 27.2% to Trimester 3. After incorporating the 295 mt fixed gear set-aside and the 8% buffer (Area 1A closes at 92% of the sub-ACL) the seasonal quotas are 20,625 mt for Trimester 2 and 7,706 mt for Trimester 3.

Landings will be monitored closely and the fishery will be adjusted to zero landing days when 92 percent of the trimester’s quota is reached.

Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A on no landing days.

Trimester 3 Effort Controls

Section members set Area 1A (inshore Gulf of Maine) days out measures for Trimester 3 (October 1 – December 31). Section members, with input from industry, agreed to three consecutive landing days until 92% of the Area 1A sub-ACL is projected to be harvested or until further notice.  Vessels may only land once every 24-hour period.

  • Beginning on October 1, 2017: Vessels in the State of Maine may land herring starting at 6:00 p.m. on Sundays up to 5:59 p.m. on Wednesday.
  • Beginning on October 2, 2017: Vessels in the State of New Hampshire and the Commonwealth of Massachusetts may land herring starting at 12:00 a.m. on Mondays up to 11:59 p.m. on Wednesday.

Trimester 3 landings will be closely monitored and the directed fishery will close when 92% of the Area 1A sub-ACL is projected to be reached. Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A until the start of Trimester 3. For more information, please contact Toni Kerns, at 703.842.0740 or tkerns@asmfc.org.

Marine monument may be opened to fishing under Trump

September 19, 2017 — US Interior Secretary Ryan Zinke has recommended that President Trump make significant changes to 10 national monuments, including proposals to allow commercial fishing in a protected expanse off Cape Cod and to open woodlands in Northern Maine to “active timber management.”

Zinke’s recommendations, first reported by the Washington Post, could have significant consequences for New England. Allowing commercial fishing in the Northeast Canyons and Seamounts Marine National Monument, which encompasses nearly 5,000 square miles, would undermine the main goals of the controversial preserve, environmental advocates said.

Opponents of the marine monument, which includes most of the commercial fishing industry, hailed the recommendations. They have argued the area was protected with insufficient input from their industry.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades.”

Grant Moore, president of the Atlantic Offshore Lobstermen’s Association, added: “There seems to be a huge misconception that there are limitless areas where displaced fishermen can go. Basically, with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

Read the full story at the Boston Globe

Feds reviewing status of New England’s endangered salmon

September 18, 2017 — PORTLAND, Maine — The federal government is starting a five-year review of the Gulf of Maine’s population of Atlantic salmon, which are listed as endangered under the Endangered Species Act.

Atlantic salmon were once plentiful off New England, but dams, loss of habitat, pollution and overfishing dramatically reduced the population. The National Marine Fisheries Service says it is reviewing the health of the stock to get more updated information on its current status.

The fisheries service says the review will be based on scientific and commercial data.

Read the full story from the Associated Press at NH1