Saving Seafood

Big Impact Likely if Massachusetts Can Vote to Legalize Lobster Processing

January 10, 2019 — SEAFOOD NEWS — The very first bill introduced in the Massachusetts Senate this year would modernize the states lobster processing rules and could result in a big expansion of lobster processing in New Bedford.

The bill, introduced by Gloucester based Senate Minority Leader Bruce Tarr, and co-sponsored by other coastal legislators, would allow for the processing of raw frozen lobster parts in Massachusetts.

Under current law, possession of live, cooked, and canned or packaged lobster is allowed, but the possession of uncooked or frozen lobster parts is not.

The original premise was to prevent the illegal ripping of tails off undersized lobster by harvesters.

But the Mass. State Marine Fisheries has produced a report showing that in other states, such as Maine, the economic benefit of the change was huge, and there was no increase in illegal fishing of smaller lobsters or attempts to subvert lobster conservation.

Under existing laws, Massachusetts lobstermen and seafood vendors are required to sell or transport lobster out-of-state for processing and then bring them back for sale to consumers in the Bay State – often with a ‘Product of Canada’ label.

“Our state has the second-largest lobster catch in the country yet, without this bill, raw and frozen lobster parts are processed in Canada or Maine only to then be brought back to our local consumers,” said Senator Tarr. “This bill modernizes those lobster laws to bolster the fishing industry and give consumers, including local restaurants and food stores more choices all while sustainably supporting coastal fishing communities.”

“This report highlights that there is zero reason to further delay legislation to eliminate archaic restrictions on lobster processing. I look forward to working with my Senate colleagues to once again pass this bill so that businesses may finally expand and create jobs, especially in New Bedford,” said Sen. Mark Montigny, lead co-sponsor of the legislation.

Up to 80 percent of lobsters landed in the state are sent to out of state processing facilities and industry leaders say the move will facilitate opportunities to create and grow jobs in the state.

“The Massachusetts Lobstermen’s Association greatly appreciates Sen. Tarr’s efforts over the last several years to modernize the lobster processing laws,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association. “This bill will allow our lobstermen to be competitive on a regional and international basis and we will work to ensure the bill’s passage.”

“East Coast Seafood Group, the world’s largest processor of lobster and headquartered in Topsfield, is pleased with the tremendous progress made by Sen. Tarr and the plan’s supporters,” said Bob Blais, vice president of East Coast Seafood Group.

“The lobsters harvested off the shores of Massachusetts and respective fishermen are the lifeblood of the state’s industry and we support the great efforts taken to ensure the sustainability of the lobster stock. It is with great pride our company will support the surrounding community by expanding our New Bedford operation with the investment in lobster processing equipment and partner in the shared development of what is likely to be hundreds of jobs in the state of Massachusetts.”

While lobster processors in Canada struggle with a shortage of workers that has at times curtailed output, New Bedford has no such problem.  Instead, the port has an excellent immigrant labor force and labor shortages are not an issue for processor expansion there.

Furthermore, the city has all the infrastructure of a major fish processing center including cold storage, transportation, and unused plant capacity.

Once this bill passes, and the infrastructure is in place, there is no reason not to expect a significant portion of lobsters sent to Canada from Maine would instead be diverted to New Bedford for further processing.

Sales of frozen lobster and lobster parts, such as scored claws, appear to be growing faster than sales of live lobster in the US market.  Developing a robust lobster processing industry in Massachusetts would accelerate this trend.

This story was originally published by SeafoodNews.com, a subscription site. It is reprinted with permission. 

MASSACHUSETTS: Senate Lawmakers Propose Bill to Expand Lobster Processing

January 9, 2019 — The following was released by the Office of State Senator Bruce Tarr:

Without reform, the state’s lobster laws are confounding consumers and the multi-million dollar seafood industry say a bi-partisan coalition of state Senator.  Senate Docket 1, the first bill filed in the new Senate session, authored by Senate Minority Leader Bruce Tarr (R- Gloucester) will, according to a just released report by the Division of Marine Fisheries, result in economic benefits throughout the state’s seafood supply chain and give consumers greater access to desirable fresh seafood products at local retailers and restaurants without harm to lobster stocks.

Under existing laws, Massachusetts lobstermen and seafood vendors are required to sell or transport lobster out-of-state for processing and then bring them back for sale to consumers in the Bay State – often with a ‘Product of Canada’ label.

“Our state has the second-largest lobster catch in the country yet, without this bill, raw and frozen lobster parts are processed in Canada or Maine only to then be brought back to our local consumers,” said Senator Tarr. “This bill modernizes those lobster laws to bolster the fishing industry and give consumers, including local restaurants and food stores more choices all while sustainably supporting coastal fishing communities.”

While the sale of live, cooked, and canned lobster is legal in the state, the new law is needed to expand the industry market with the inclusion of other lobster products.  Tarr notes that the Marine Fisheries study supports lifting limits on the processing, sale, and transportation of cooked and frozen in-shell lobster parts.

The December 31 study confirms that similar changes in other jurisdictions such as Maine and Canada have resulted in the development of new businesses and the creation of new jobs throughout the seafood processing and distribution industry.  In-state lobster landings account for about 11% of the US lobster harvest and 5% globally.

“This report highlights that there is zero reason to further delay legislation to eliminate archaic restrictions on lobster processing.  I look forward to working with my Senate colleagues to once again pass this bill so that businesses may finally expand and create jobs, especially in New Bedford,” said Senator Montigny, lead co-sponsor of the legislation.

Up to 80% of lobsters landed in the state are sent to out of state processing facilities and industry leaders say the move will facilitate opportunities to create and grow jobs in the state.   The Marine Fisheries report notes that the lobster demand has spiked and has continued to evolve in favor of processed lobster parts.

“The Massachusetts Lobstermen’s Association greatly appreciates Senator Tarr’s efforts over the last several years to modernize the lobster processing laws,” said Beth Casoni, Executive Director of the Massachusetts Lobstermen’s Association.  “This bill will allow our lobstermen to be competitive on a regional and international basis and we will work to ensure the bill’s passage.

The Marine Fisheries reports that the lobster market has continued to evolve to favor processed lobster parts.  In 2016, the state’s lobster fishery landed over 18 million pounds of lobster in 46 ports worth $82 million. Modernizing the law for certified sustainable product would allow Massachusetts seafood businesses to process and sell this highly desirable certified sustainable product to Massachusetts consumers.  Chain retailers, grocery stores, warehouse clubs and online distributors will be a major beneficiary of such a law change the report says.  Many of these retailers currently sell a variety of shell-on lobster parts at their non-Massachusetts locations throughout the United States.

“I am glad to join my colleagues in the Senate in support of our Massachusetts lobster fishermen,” said Senator deMacedo (R-Plymouth). “These advancements in our approach to lobster processing will provide an important benefit to the lobster industry and the fishermen who play such an important role in our communities and economy.”

“This bill works to ensure the sustainability and viability of the state’s lobster industry, which will benefit consumers and lobstermen in coastal communities statewide,” said Senator Michael J. Rodrigues (D-Westport).  “The lobster industry is a vital part of the Commonwealth’s economy and identity.  I look forward to working with my Senate colleagues to support it.”

The lobster industry is a critical part of the Commonwealth’s economy and heritage.  A similar law in Maine has boosted that state’s economy, produced local outlets for product sales, and created jobs.  During the most recent ten years US landings have doubled from 80 million pounds to 159 million pounds annually.

Read the full release here

Whale Advocates Plan to Put Forward Ballot Question in Mass. to Ban Vertical Buoy Lines

December 5, 2018 — SEAFOOD NEWS — A whale conservationist with a radical style says he intends to move forward with a “whale safety” initiative petition for 2020 in Massachusetts to ban vertical buoy ropes used in commercial fishing, among other efforts to protect whales and sea turtles.

“We have to have a paradigm shift,” Richard Maximus Strahan, of Peterborough, New Hampshire, said of his advocacy efforts to stop the death and injury of whales and sea turtles from entanglement in rope used in commercial lobstering, crabbing and gillnetting.

On Oct. 11, Strahan withdrew his lawsuit in federal court in Boston that sought more federal and state enforcement against the use by commercial fishermen of vertical buoy ropes. Vertical buoy ropes are seen by scientists and conservation groups as a source of entanglement and often injury and death of marine animals. In withdrawing the lawsuit, Strahan said that the 2018 fishing season is over and that the court and defendants hindered his lawsuit by actions such as ignoring motions for discovery.

For next year, Strahan says he and Whale Safe USA, a political group of about 200, intend to try a variety of tactics, such as the Whale Safe Fishing Act 2020 initiative petition in Massachusetts. He says he also intends to sue individual or small groups of fishermen and block the issuance of commercial fishing licenses in Massachusetts. He proposes a boycott of purchases of lobster, and he wants to identify “green” commercial fishermen who have environmental goals, such as whale and turtle protection and reduction of plastic in the ocean.

Strahan said he would no longer be filing lawsuits in federal court in Boston.

“We are going to go outside the whale biz,” said Strahan, who describes himself as an indigent and a graduate student in the Oct. 11 document.

Generally, Strahan said he views federal and state marine fisheries regulatory agencies as siding with commercial fishing interests rather than marine animal conservation interests. He also said a handful of nonprofit groups in the region, such as the Center for Coastal Studies in Provincetown, are colluding with those regulatory agencies to the detriment of the animals.

“We have been over this with him several times before,” Center for Coastal Studies CEO and President Richard Delaney said in an emailed response.

Strahan’s reputation stems from the 1990s, when right whale entanglement protections lagged and he filed a lawsuit that forced major, costly changes to the fishing industry in Massachusetts. Those changes include trap gear and gillnet bans in Cape Cod Bay while North Atlantic right whales are present, starting early in the year and ending in May, and gear modifications such as breakaway features for gillnets and weak links for trap gear buoy lines.

Strahan returned to the courtroom in February following what scientists and conservationists considered a devastating loss of 17 right whales in 2017 in Canadian and U.S. waters. Particularly since 2010 the right whale population has been in decline, with decreasing numbers of newborns each year as well as a heavy death toll among adult females.

In the civil case first filed in February, Strahan sued the administrator of the National Oceanic and Atmospheric Administration and the assistant administrator of the National Marine Fisheries Service. Other defendants in the lawsuit were the secretary of the state’s Executive Office of Energy and Environmental Affairs, the director of the state Division of Marine Fisheries, commission members of the Atlantic States Marine Fisheries Commission and the Massachusetts Lobstermen’s Association. No person was named specifically in the lawsuit other than Strahan, who represented himself.

Strahan sought to have a judge confirm that federal officials were shirking their duties under the Endangered Species Act by authorizing and failing to enforce certain regulations for commercial fishing; that NOAA had shirked its duties by handing over whale and turtle protections to the National Marine Fisheries Service without evaluating the possible harm to the animals; and that all defendants were violating the Endangered Species Act by allowing for the taking of whales and turtles, either by licensing commercial fishing or actually doing the fishing.

In May, a federal judge declined to issue a restraining order Strahan had sought to temporarily stop commercial lobster pot fishing in Massachusetts coastal waters to protect the right whales. In that ruling, the judge said that, unlike the 1996 federal court ruling, Strahan failed to show that he would likely win in the broader case due to the few rope entanglements that had been recently documented and due to the list of regulations now in place, such as annual lobster gear bans from Feb. 1 through April 30.

The Center for Coastal Studies provides airplane survey data on right whale locations to the state Division of Marine Fisheries, which is then used to make decisions about when to lift the trap gear bans in May, among other uses. The center’s data was cited in the federal lawsuit in an affidavit of Daniel McKiernan, who is deputy director of the state Divison of Marine Fisheries.

The federal lawsuit officially closed Oct. 18.

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

DON CUDDY: Seamounts and canyons: It seems fishermen can’t win

October 29, 2018 — In general, sad to say, commercial fishermen are not well-regarded and struggle for respect. They don’t have powerful lobbyists or image makers and are so independent and competitive by nature that they don’t work well together. As such they are easily defeated politically when opposed by environmental groups with plenty of capital and connections. The headlong rush to deploy wind turbines offshore from here down to Delaware is now gathering momentum. From the deck of a fishing vessel that prospect is akin to a Plains Indian catching a first glimpse of smoke on the horizon, rising from an Iron Horse. “Progress,” they told him. Before long the plains were littered with the carcasses of dead buffalo, shot for fun from train windows and an ancient way of life vanished. In our time, fishermen seem just as likely to be swept from their traditional hunting grounds by this new behemoth.

Here in New England, the fishing industry lost more ground, literally, in another recent battle when a federal judge on Oct. 5 threw out an appeal, led by the Massachusetts Lobstermen’s Association, to overturn the Obama administration’s September 2016 designation of a 5,000 square-mile area offshore as a national monument under the Antiquities Act. Most people probably support the idea of creating sanctuaries but fishermen and their families need some protection as well. The arguments put forth in favor of establishing this sanctuary spoke of it as a pristine area. Well, fishermen have been going out to the canyons for a long time and it remains pristine so apparently their customary fishing practices have had no destructive effect on the environment.

There was also much talk of the need to preserve deep-sea corals from fishing gear. Most mobile-gear fishermen are not going to drag a $60,000 net over coral because of their interest in protecting their investment from the potential damage that corals could inflict on their gear. And fishermen who target migratory species in the water column, such as swordfish, tuna and marlin, generally fish by day, I’m told, and drift at night, since the water is way too deep to anchor, so they are not going to harm corals.

It’s not as though fishing activity was unrestricted prior to the creation of the monument. Commercial fishing in all U.S. waters is highly regulated, by regional fishery councils as well as the Magnuson Stevens Act. But it’s almost all banned now. Lobstermen and the red crab guys can carry on fishing there for seven more years before they too become persona non grata. Recreational fishing is still permitted. The Act prohibits drilling for oil and gas, it should be noted, and that is laudable, but there is room for some compromise on fishing, I believe. The judge, a man named James Boasberg, certainly does not agree and had no hesitation in dismissing the case. Now having read the judgement I will be the first to concede that, on purely legal grounds, the arguments for overturning the designation were not persuasive, particularly to people without knowledge of, or any sympathy for, the commercial fishing industry. However, in issuing his ruling the judge adopted a tone that can, at best, be described as flippant, presumably in an attempt to demonstrate his cleverness. He went to Oxford, don’t you know, and makes a hobby of amateur dramatics.

Read the full opinion piece at the New Bedford Standard-Times

Advisory group grapples with right whale protection measures

October 15, 2018 — A week of meetings about how commercial fishermen could reduce harm to the imperiled North Atlantic right whales ended Friday with an immediate focus on exploring more temporary area closures with possible testing of new technologies, according to National Oceanic and Atmospheric Administration Fisheries biologist Colleen Coogan, an organizer of the Atlantic Large Whale Take Reduction Team.

“There was extremes on both ends,” Massachusetts Lobstermen’s Association president Arthur Sawyer said of pitches made at the monthly take reduction team meeting in Providence, Rhode Island.

Interest seemed to land on the possibilities of weaker rope, with 1,700 pounds as maximum breaking strength. That could allow right whales to break free of entanglements more easily, Sawyer said. “That was kind of middle of the road,” he said, and might be able to be put in place in the near future, although it might not be useful in deep water.

Read the full story at the Cape Cod Times

Feds beat fishermen: Court dismisses challenge to Atlantic monument

October 10, 2018 — A federal judge upheld the creation of the Northeast Canyons and Seamounts Marine National Monument last week, dismissing a lawsuit from commercial fishing groups that challenged presidential authority to establish the monument.

The national monument, created by former President Barack Obama, was authorized under the Antiquities Act. Representatives from the Massachusetts Lobstermen’s Association argued that the act does not include authorization to protect bodies of water and that the monument in question, an area of nearly 5,000 square miles, was too large.

But U.S. District Judge James Boasberg ruled that the Northeast Canyons and Seamounts Marine National Monument complied with the law and sided with the Trump administration’s motion to dismiss the suit.

“In all, plaintiffs offer no factual allegations explaining why the entire monument, including not just the seamounts and canyons but also their ecosystems, is too large,” wrote Boasberg in his decision.

He also clarified that the Antiquities Act histories grant that waterways, as well as land, can be protected under the act.

Read the full story at National Fisherman

 

Federal court rules against fishermen in Northeast Canyons monument lawsuit

October 10, 2018 — A federal judge last week dismissed a lawsuit brought by commercial fishing groups that challenged the creation of a marine national monument in 2016.

The organizations, which included the Long Island Commercial Fishing Association and the Massachusetts Lobstermen’s Association, claimed the administration of U.S. President Barack Obama did not have the authority to establish the Northeast Canyons and Seamounts Marine National Monument.

The monument is the first national marine monument established in the Atlantic Ocean. Because of the designation, commercial fishing – except for certain red crab and lobster fishing – is prohibited in the 5,000-square-mile area. The crab and lobster fishing will continue until their permits expire.

While the administration of current U.S. President Donald Trump has been considering reopening it and other marine monuments for commercial fishing, it did seek the dismissal of the lawsuit, claiming the Antiquities Act gave presidents the right to establish and define such monuments.

“This is not a joke, jobs will be lost and thousands of people’s lives will be impacted through a back-door process that did not require formal federal review,” said Bonnie Brady, executive director of the Long Island Commercial Fishing Association in a Facebook post.

Read the full story at Seafood Source

 

Fishing Groups Lose Legal Battle Over Marine Monument

October 9, 2018 — The national monument that former President Barack Obama established in the Atlantic Ocean survived a court challenge Friday, with a federal judge finding that the majesty of even underwater lands is worthy of protection.

Appropriating words that President Teddy Roosevelt once used to praise the Yosemite Valley, the Canyon of Yellowstone, and the Grand Canyon, U.S. District Judge James Boasberg noted that the Canyons and Seamounts of the Northwestern Atlantic Ocean are a “region of great abundance and diversity as well as stark geographic relief.”

“Dating back 100 million years — much older than Yosemite and Yellowstone — they are home to ‘vulnerable ecological communities’ and ‘vibrant ecosystems,’” Boasberg’s 35-page opinion continues. “And, as was true of the hallowed grounds on which Roosevelt waxed poetic, ‘much remains to be discovered about these unique, isolated environments.’”

When Obama created the Northeast Canyons and Seamounts Marine National Monument in 2016, he relied on a 1906 law passed in Roosevelt’s administration.

A year later, the Massachusetts Lobstermen’s Association and four other groups filed suit to unravel the 5,000-square-mile designation: They claimed that high seas do not qualify as the small “parcels of land” discussed in the Antiquities Act.

Read the full story at the Courthouse News Service

Who Has The Edge In The Lobster Trade War?

September 27, 2018 — There are few New England scenes as iconic as the ol’ lobster shack. Local crustaceans being served up fresh and delicious in whole or in roll form. Well, it turns out that “just-off-the boat” experience has pretty broad appeal … like as far away as China.

“There’s always been a demand for it, but they wanted the live lobster,” said Arthur Sawyer, a Gloucester lobster fisherman and President of the Massachusetts Lobstermen’s Association. “Live lobster — ya know — it’s like a 36 hour thing to get to China.”

A decade ago, the Chinese market for U.S. live lobster was essentially nonexistent. But a few years back, shippers finally worked out how to reliably get fresh live lobster to China. It was a game changer. Last year, the country imported nearly $150 million worth.

“There’s a whole lot of exporters that have gotten into the lobster business strictly because of China,” said Sawyer.

But live lobster got swept up in the trade war this July, when Beijing slapped a 25 percent tariff on U.S. imports. And just three months in, it’s already having an impact here. Vince Mortillaro, a local wholesaler, said China has stopped buying from him completely, and he’s has had to lay off three employees.

“They’re affecting me a lot,” he said of the tariffs. “We’re losing like 40,000 pounds of sales a week.”

For now, the pinch wholesalers are feeling has yet to trickle down to lobster fishermen on the boats, who sell to the wholesalers, or the lobster-craving public. As for why? Well, it’s complicated. Live lobster exports are an important part of the equation. But a sizable chunk of New England total haul each year gets sold off to be processed.

Read the full story at WGBH

BETH CASONI: Canada needs to do more to protect right whales

August 28, 2018 — For generations, Massachusetts lobstermen have been part of a revered tradition of marine coexistence that has sustained a proud New England fishing industry and protected an ecosystem for marine mammals. Now, that coexistence is threatened and international action is needed.

The North Atlantic right whale is critically endangered and faces extinction within our lifetime. For centuries, these enormous and majestic animals have migrated through New England waters, but largely due to unintentional human harm from ship strikes and entanglement in fishing gear, today the right whale population is estimated to be down to as few as 435. And the last year has been especially disastrous, with 17 confirmed right whale mortalities and no new calves sighted in the most recent calving season.

Now is the time for cooperative international intervention to turn this situation around and head off the preventable tragedy of extinction of this species.

For decades, the Massachusetts Lobstermen’s Association has worked in concert with conservation organizations like the Woods Hole Oceanographic Institution and the International Fund for Animal Welfare to be good stewards of the ocean and marine mammals. Facing serious concerns about how to make a living and keep businesses going, we work to find middle ground between our industry and the efforts of conservationists to advance the shared aims of all.

Over the years, regulators have imposed restrictions on U.S. Atlantic Coast fisheries in an effort to reduce harm to endangered species including the right whale. The MLA is proud of our history of adopting and complying with these requirements. To name a few: Vessels, aircraft or other approaches must be restricted within 500 yards of a right whale; and, all vessels 65 feet or longer must travel at 10 knots or less in certain locations along the East Coast of the United States at certain times of year to avoid collision with right whales.

Read the full opinion piece at the New Bedford Standard-Times