Saving Seafood

DON CUDDY: Late New Bedford scalloper never got justice he deserved

June 25, 2018 — It probably passed unnoticed by most people but an obituary for Larry Yacubian appeared in this newspaper on June 13. He died in Punta Gorda, Florida on May 18. But most fishermen still shake their heads when his name comes up. I don’t know if he died a bitter man. I hope not, although he had every reason to feel that way after the treatment meted out to him by federal law enforcement. Larry was a New Bedford scalloper and boat owner. In December 1998 his boat, the Independence, was boarded by the Coast Guard while fishing offshore and he was accused of fishing in a closed area. What followed can only be described, euphemistically, as a miscarriage of justice. The fines imposed on him by an administrative law judge working on behalf of NOAA were so excessive that he was forced to sell his boat, his permits and the Westport farm that had been in his wife’s family for 350 years — all of this to satisfy the greed of some ‘bad actors’ who considered themselves above the rule of law because they were carrying a badge. This particularly malicious prosecution ran Yacubian, a founder of the Fisheries Survival Fund, out of the fishing business and brought financial ruin on his family.

After a torturous legal process some justice was served when Yacubian was refunded $400,000 and received an apology in 2012 from NOAA administrator Jane Lubchenco and Commerce Secretary Gary Locke although that sum did not even cover his legal fees. But the details of this shakedown make exceptionally grisly reading. Yacubian’s case was just one of dozens, but by far the most egregious, uncovered by a special master appointed by the Department of Commerce to investigate excessive fines imposed on our commercial fishermen for relatively minor infractions. Thirteen of these originated from the Northeast Regional Office in Gloucester. Upholding justice was the proffered reason for assessing these fines but plain old money was the motivator. These huge fines went to swell the Asset Forfeiture Fund which allowed NOAA agents in the Office of Law Enforcement to purchase luxury vehicles and boats. It is all well-documented if anyone cares to look it up.

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

House set to debate offshore wind energy bills in U.S. waters

June 25, 2018 — A U.S. House committee will kick off debate next week on three new bills aimed at boosting offshore wind energy leases in federal waters.

The House Subcommittee on Energy and Mineral Resources will hold a hearing on Tuesday on three bipartisan offshore wind proposals.

One proposal would require the Interior Department to develop a leasing plan or schedule for federal offshore leases, a second would create a federal grant for educational or career programs for the offshore industry, and a third would give Interior the authority to manage the federal submerged lands off of territories such as Guam for offshore energy. Turbines can be built on land beneath navigable waters.

The Trump administration has thrown its weight behind the nascent offshore wind industry by streamlining permitting processes and working to open up more areas for lease. The administration views offshore wind as an element in its goal for U.S. energy dominance.

“We are committed to working with the Trump administration in pursuing an ‘all-of-the-above’ energy strategy, which includes a robust offshore renewable component,” according to a committee statement.

Read the full story at Reuters

SAVE Act gets boost

June 22, 2018 — A statewide association of commercial lobstermen has thrown its weight behind a $50 million federal bill to protect North Atlantic right whales with targeted research that emphasizes collaboration.

The group intends to work with the International Fund for Animal Welfare to develop a pilot program to test buoyless gear this summer, according to Massachusetts Lobstermen’s Association Executive Director Beth Casoni.

“Massachusetts lobstermen are currently the leaders in the world for the conservation of right whales, and the association proudly supports the SAVE Right Whale Act of 2018,” Casoni wrote in an email.

Filed in Congress on June 7, the legislation would allocate $5 million annually in grants through 2028 for conservation programs, and the development of new technology or other methods to reduce harm to right whales from fishing gear entanglements and ship collisions. Grants could promote cooperation with foreign governments, affected local communities, small businesses, others in the private sector or nongovernment groups.

A grant program that is specific for right whale conservation and research will allow “the continued collaborative research needed for safe, realistic and viable outcomes for all that depend on the stocks’ success,” Casoni said.

Read the full story at the Cape Cod Times

MASSACHUSETTS: GOP Senate candidate Geoff Diehl outlines plan to help fishermen

June 22, 2018 — Geoff Diehl made his second visit to New Bedford this week to speak with fishermen.

The state representative and candidate running for U.S. Senate against Elizabeth Warren spoke to about five people within the fishing industry at Pier 3 on Thursday. It came just days after he attended a fishing roundtable discussion at the Whaling Museum, which discussed the groundfishing ban affecting the industry.

This second trip of the week was to unveil a set of guidelines he plans to follow to help fishermen if elected.

They involved repealing the Northeast Canyons and Seamounts Marine National Monument Status, keeping Carlos Rafael’s fishing licenses in New Bedford and reducing the regulatory burden.

Diehl suggested establishing a NOAA headquarters in New Bedford to better facilitate discussions between the agency and fishermen in the nation’s most valuable seaport.

“They should at least have a satellite if not maybe move their main offices here,” Diehl said. “I think that would make a lot of sense to have them interact with the actual fishermen.”

Read the full story at the New Bedford Standard-Times

Massachusetts wants added review for Vineyard Wind project

June 22, 2018 — With the largest purchase of offshore wind resources in the country on their doorstep, state officials say they want more information to provide proper environmental oversight.

Last Friday a certificate was issued for Vineyard Wind’s April 30 draft environmental impact report, but because the company has now moved ahead to negotiate an 800-megawatt contract with three electric utilities companies, a more comprehensive report is needed, according to Executive Office of Energy and Environmental Affairs Secretary Matthew Beaton.

Massachusetts has an “interest in and obligation to provide a rigorous, robust and transparent environmental review process for the largest single procurement of offshore wind by any state in the nation,” Beaton wrote in the certificate.

The company, an equal partnership of Copenhagen Infrastructure Partners and Avangrid Renewables, plans what is expected to be a $2 billion construction project to install 50 to 100 wind turbines in federal leased waters 15 miles south of Martha’s Vineyard, with three energy export cables to make landfall on Cape Cod.

The sale of offshore wind power from the wind farm to the electric utilities on the mainland is part of a larger initiative by state leaders to reach a capacity of 1,600 megawatts of offshore wind energy by 2027.

As part of the typical review under the state’s environmental policy act, a draft and then a final environmental impact report are explanations by an owner of its project and alternatives to fully adhere to state and local environmental regulations. The state certificates issued on the reports, in turn, are guidance, describing what the company intends and what still needs to be addressed, strengthened or emphasized to ultimately avoid, minimize or mitigate damage to the environment.

In declaring the Vineyard Wind’s 1,380-page draft environmental impact report “inadequate,” Beaton said in Friday’s certificate that he is taking into account the company’s May 23 selection as the offshore wind competitor to move forward with contract negotiations with the utilities. Given the evolving circumstances, Beaton said he is asking for a supplemental draft environmental impact report from Vineyard Wind.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Senate Candidate Geoff Diehl unveils plan to help fleet

June 21, 2018 — Geoff Diehl, the Republican challenger to incumbent U. S. Sen. Elizabeth Warren, would retain Carlos Rafael’s forfeited groundfish permits in New Bedford and would push to repeal the creation of the Northeast Canyons and Seamounts National Marine Monument, according to his plan to help the fishing industry.

Diehl, a state representative from Whitman, is set to release the plan, “A Good Diehl for Fishing,” at campaign stops Thursday in New Bedford, Scituate and Gloucester. The Gloucester event is set for 4 p.m. at the Fishermen’s Monument on Stacy Boulevard.

The Diehl fishing plan also calls for reducing the regulatory burden on commercial fishermen and finding “a balance between the necessary protections to ensure ocean preservation, and continuing to support the growth of a healthy marine industry across the state.”

His plan opposes mandated at-sea monitoring of the Northeast groundfish fleet, calling them “onboard watch dogs,” as well as an “egregious example of government overreach and a crippling cost to the fishermen.”

Diehl said transferring Rafael’s groundfish permits to “ready licenses” in New Bedford rather than dispersing them to other fishing concerns throughout the Northeast multispecies groundfish fishery “is critical for maintaining the livelihood of those individuals and for ensuring the survival of the fishing industry now and in the future.”

Read the full story at the Gloucester Daily Times

New Bedford Standard-Times: Time for NOAA to let Sector IX fish again

June 21, 2018 — Seventy-two thousand pounds of grey sole.

That’s the amount of fish that NOAA calculates Carlos Rafael misreported in his illegal groundfish scheme.

Multiple people at a Monday meeting of the New Bedford fishing community cited the number. So after months of NOAA saying it could not let Sector IX fishermen back on the water because it didn’t know how much overfishing took place in the sector dominated by Rafael, now the federal agency knows.

We don’t officially know it from NOAA, however, because the oversight group remains silent, even as the ban on the groundfish sector drags on into its eighth month. We know it because the members of the New Bedford fishing community — the fishermen, the fuel depot owners, the gear suppliers, the settlement houses — are all struggling because of the lost fishing. And they cited the number publicly Monday, based on information from NOAA itself.

“Everyone knows (the money in) the account is overdrawn. How do we get the money back in the bank,” asked Sector 9 attorney Andrew Saunders.

That’s the conundrum. The sector is ready to deduct the 72,000 pounds of grey sole from its fishing effort. But it needs NOAA to tell them to go ahead, and the agency remains silent. As it has for months.

The inaction has caused an estimated 240 jobs lost across the Northeast, estimated SMAST professor Dan Georgianna.

Richard Canastra, the co-owner of the New Bedford Seafood Display Auction, estimated it will take a long time to bring the groundfish industry back in New Bedford after so many months without fishing. It was not a very profitable industry to begin with, but it played a key role in keeping many of the New Bedford waterfront support industries active.

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

Atlantic Herring June 26th Days Out Conference Call Cancelled

June 21, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts set effort control measures for the Area 1A fishery via Days Out meetings/calls.

The previously scheduled Days Out call on June 26, 2018 at 10:00 AM has been cancelled. Given the current weekly landings limit in the Area 1A fishery has not been fully harvested by all vessels and catch rates have not exceeded projections, the states have decided a Days Out call is not warranted at this time. The Section awaits the results of the 2018 Atlantic Herring Benchmark Stock Assessment, which is scheduled for peer review onJune 26-28, as well as the outcome of the recommendation from the New England Fishery Management Council to NOAA Fisheries to reduce the 2018 sub-ACLs.

The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on the days listed below. If the states determine a Days Out call is needed ahead of July 17th, a call can be scheduled and the public will be notified via a press release.

  • Tuesday, June 26 at 10:00 AM – CANCELLED
  • Tuesday, July 17 at 10:00 AM
  • Wednesday, August 8 (time TBD)

To join the calls, please dial 888.585.9008 and enter conference room number 845-202-505 when prompted.

Please contact Megan Ware, Fishery Management Plan Coordinator, at mware@asmfc.org or 703.842.0740 for more information.

A PDF of the announcement can be found here.

New Bedford fishermen, businesses losing out while waiting on NOAA

June 20, 2018 — The wall of windows within the Harborview Room on the top floor of the Whaling Museum provided a look of serenity across the waterfront as the sun shined down on countless fishing vessels.

The conversation within the walls painted a much different picture as those from the fishing industry described the suffocating effects that NOAA’s groundfishing ban has imposed on fishermen and shoreside businesses.

“If something doesn’t happen with groundfishing soon, it’s gone,” general manager of Hercules SLR John Reardon said.

NOAA implemented the ban Nov. 20 and has continued because of an overage calculated at 72,000 pounds of grey sole, according to multiple people who spoke Monday evening.

The overage represents the amount of fish calculated by NOAA that Carlos Rafael misreported. He is serving a 46-month prison sentence, but the NOAA punishment aspect has held many along the waterfront hostage.

Read the full story at the New Bedford Standard-Times

China tariffs threaten booming lobster business

June 20, 2018 — China’s proposed retaliatory tariffs on U.S. lobsters would have a crushing impact on Gloucester lobster exporters such Mortillaro Lobster Inc. and Intershell, likely pricing their lobsters and all others from the U.S. completely out of the most vibrant lobster market in the world.

“I think this is going to kill us,” said Vince Mortillaro of the Commercial Street lobster sellers that bears his family’s name. “We’re already dealing with the treaty Canada has with the European Union that allows them to sell their lobsters cheaper there. Now with this on top of it, forget about it.”

On Friday, China announced additional 25 percent tariffs on approximately 545 American exported products with a collective value of $50 billion and the seafood industry — particularly U.S. lobster harvesters, processors and sellers — was hit hard.

Those tariffs were in retaliation to U.S. import tariffs on Chinese goods announced earlier by President Donald Trump.

China said it is imposing new tariffs — set to go into effect July 6 — on about 170 U.S. seafood products worth approximately $1 billion.

While the number of seafood products represents about 31 percent of the total U.S. products affected by the new tariffs, it accounts for only 2 percent of the $1 billion value of all U.S. products facing additional 25 percent tariffs from the Chinese.

Read the full story at the Gloucester Daily Times