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Cape Cod Times: A landmark fisheries plan

January 15, 2018 — For seafood lovers, there’s nothing better than a lightly battered scallop, freshly harvested from the North Atlantic, and dipped in simmering butter. And now that federal regulators have agreed to open an area east of Nantucket, closed since the 1990s, fishermen could catch as much as $218 million worth of scallops this year, and $313 million over three years. Expect those fried scallop plates to cost less this summer.

The reopening of the sea bed is just one of the many beneficial outcomes of a new fisheries management plan that was nearly 15 years in the making. The landmark set of regulations opens a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species. The plan uses science and the latest technology to decide which ocean areas are important for the critical life stages of fish and shellfish species and how to protect them.

Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating. Now, with a model that compares the sea bed with the impact of fishing, regulators can make decisions that will help restore and protect fish stocks. The new plan also sets aside research areas to investigate the link between habitat and fish productivity.

“We think these are groundbreaking regulations,” said John Bullard, NOAA’s outgoing regional administrator, who issued the regulations as one of his last acts on the job. “It puts the focus on the quality of the habitat protected — not the quantity, or how many square miles were protected.”

Cape fishermen are pleased with at least two elements of the plan. They cheered the closing of a large part of the Great South Channel that runs between the Cape and Georges Bank because it is essential habitat for spawning cod and other fish species. State and federal surveys have found that the region’s cod population has plummeted by about 80 percent over the past decade. Closing this area will now help ensure the continued survival of species like Atlantic cod, haddock, and flounder for years to come.

Read the full opinion piece at the Cape Cod Times

 

New Charges Against Carlos Rafael Include Count Against Sector IX, 12 Counts Misreporting Scallops

January 15, 2018 — SEAFOOD NEWS — The charging document released by NOAA revoking Carlos Rafael’s and Associated entities fishing permits contained a number of new allegations that were not part of the criminal trial.

One count was against sector IX, which applied to the entire sector, including Rafael’s vessels, was filing a false report of the volume of yellowtail flounder landed in the sector in 2011.  Through a special agreement, the statute of limitations on this alleged misreporting was waived by Rafael.

NOAA is seeking a $140,000 fine from all members of sector IX for this offense.

The other new charges all involve scallops during the 2013 fishing year.  12 of the counts are of falsely reporting the volume of scallops landed.

For example, on January 15, the vessel F/V Ilha Brava submitted a ‘broken trip’ report to NOAA, claiming the vessel only harvested 7,886 lbs of scallops on its trip.  In fact, the vessel landed 17,200 lbs.

The other eleven counts are similar.  Some include broken trip reports that were false.  Others include lying about the volume of scallops taken from a limited access area.

For example, September 13-18, the vessel F/V Acores reported it only caught 1851 lbs of scallops in a limited access area trip, when in fact it had caught 12,700 lbs.

Two counts involved vessels failing to transmit the position via the vessel monitoring system as required.

NOAA says that under Magnuson:

(1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 1857 of this title, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this chapter has acted in violation of section 1857 of this title… the Secretary may—

(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits…[or]

(iii) deny such permit.

This is the authority they are using to revoke 38 permits, including two scallop permits which were not part of the original criminal complaint.

The full charging document can be read here.

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

 

Pentony steps into NOAA’s top Atlantic post with much underway

January 15, 2018 — Michael Pentony, John Bullard’s successor as administrator of the National Oceanic and Atmospheric Administration’s (NOAA) Greater Atlantic region, is a “straight shooter,” who works toward “yes,” and has a lot of experience on fisheries management issues, sources tell Undercurrent News.

NOAA ended months of speculation on Thursday when it announced that Pentony, a long-time NOAA staffer and also a one-time member of the New England Fishery Management Council (NEFMC) staff, was its pick to lead all fishery policy making in the 100,000 square mile long region that stretches from the state of Maine to Cape Hatteras, in North Carolina, and the Great Lakes.

“Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job. He is going to hit the ground running,” assured Chris Oliver, director of NOAA Fisheries, in a statement announcing the decision.

Bullard announced his retirement back in July, ending a nearly six-year rein in the region’s top spot, which comes with an office in Gloucester, Massachusetts, and beginning the agency’s search for a replacement. He said at the time that he had a long list of chores to complete before he could finish, most of which he took on during a recent flurry of activity at the agency.

However, Bullard left quite a few big matters for Pentony to finish up.

Pentony, who is set to assume his new role on January 22, enters his new job at the end of an eventful period, including the prosecution and sentencing of the owner of New England’s largest fishing operation, Carlos Rafael.

Read the full story at Undercurrent News

 

Gloucester Times: United against offshore drilling

January 12, 2018 — If President Trump truly wants to open the nation’s coastline to drilling for oil and gas, he’ll have a battle on his hands. And in a rare moment of political unity, he’ll have to fight both Democrats and Republicans.

The administration’s plan, announced last week by Interior Secretary Ryan Zinke, would open 90 percent of the nation’s coastal waters to development by private companies.

Such a free-for-all could prove disastrous for the marine environment and the industries that rely on it, such as tourism and fishing. Those economies on the Gulf Coast are still struggling to recover after the Deepwater Horizon spill of 2010, the largest in American history.

Locally, the president’s proposal has once again made a target of Gloucester’s fishing industry.

America’s oldest fishing port has spent the better part of four decades fighting off attempts to turn Georges Bank into a de facto oil field, and for good reason: It’s a spectacularly bad idea.

Located about 100 miles off the coast of Cape Ann, Georges Bank, home to species ranging from cod and haddock to lobster and scallops, has long been one of the world’s richest fishing grounds. Generations of Gloucestermen have worked the waters, a tradition that continues even today in the face of heavy regulation. Georges is as much a part of Gloucester as Main Street.

Read the full editorial at the Gloucester Times

 

Massachusetts: Fed’s offshore oil plan raises local concerns

January 12, 2018 — The possibility of having an offshore oil rig a handful of miles from Cape beaches is drawing concern from elected officials and preservation groups.

The Trump administration at the turn of the new year released its draft proposal that would enable energy companies to lease large swaths of ocean and drill for oil and gas in federal waters off both coasts and in the Gulf of Mexico.

Federal waters typically begin three miles from shore.

“Reckless does not begin to describe the Trump Administration’s decision to expand offshore oil and gas drilling coast-to-coast. This unprecedented move ignores concerns expressed by military leaders and the deep and widespread bipartisan opposition voiced by municipal and state representatives,” Rep. William Keating (D-Ninth Congressional District) said in a Jan. 5 statement.

“Allowing this drilling threatens the safety of our waterfront communities, the health of our oceans, and the future of our climate – not to mention the havoc it could wreak on the local economies of coastal communities, like those across New England, who count on fresh fish and clean beaches for their seafood and tourism industries,” he added.

The five-year plan is detailed in a document titled “2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, and is online at boem.gov.

The proposal, a few hundred pages long and broken into geographic territories, shows Massachusetts in the northern Atlantic section. The draft proposes two leases in the north Atlantic.

Read the full story at the Wellfleet Wicked Local

 

Massachusetts: SouthCoast fishermen call NOAA’s civil action against Carlos Rafael ‘overkill’

January 12, 2018 — NEW BEDFORD, Mass. — Current and former area fishermen balked at NOAA’s reach in its civil action against Carlos Rafael.

“It’s total overkill,” said Stephen Lozinak, captain of fishing vessel Marsheen Venture and who has been fishing for more than five decades. “The whole thing is overkill. All it’s doing is hurting the workers in the city of New Bedford.”

On Wednesday, NOAA laid out its civil case against Rafael, including revoking 38 commercial fishing permits and the operator permits of two scallop vessel captains. Other aspects include a $983,528 penalty, denying any future application by Rafael for a permit issued by NOAA, and revoking the seafood dealer permit issued to Carlos Seafood Inc.

Most of the allegations surround Rafael’s criminal activity, which he pleaded guilty to in March. However, NOAA also included allegations surrounding mislabeling scallops harvested in 2013 and misreported yellowtail flounder in 2012.

“It seems to be a much more severe penalty than the crimes called for,” Executive Director of New Bedford Seafood Consulting Jim Kendall said.

The sentiments echoed those of Mayor Jon Mitchell.

Read the full story at the New Bedford Standard-Times

 

New England reps’ bill would prohibit offshore drilling

January 12, 2018 — CONCORD, N.H. — Bipartisan members of New England’s congressional delegations have introduced a bill to prohibit oil and gas drilling off the New England coast.

The New England Coastline Protection Act would prohibit oil and gas extraction activities in New Hampshire, Connecticut, Maine, Massachusetts and Rhode Island.

It’s a response to the Trump administration’s plan to open nearly all U.S. coastlines to offshore oil and gas drilling.

The legislation introduced Thursday is co-sponsored by every senator and member of congress from the coastal New England states. They say the plan threatens coastal communities, fisheries and the economy.

Read the full story from the Associated Press at the Tacoma News Tribune 

 

NOAA names a new regional administrator

January 12, 2018 — The National Oceanic and Atmospheric Administration on Thursday named Michael Pentonyas its new regional fisheries administrator, succeeding John Bullard.

A New Jersey native, Pentony has worked for the federal agency since 2002, most recently as assistant regional administrator for the sustainable fisheries division, NOAA said in a news release. Pentony will begin his new post Jan. 22.

“Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job,” NOAA Fisheries Director Chris Oliver said. “He is going to hit the ground running.”

Pentony will head the agency’s regional office in Gloucester, which is responsible for managing about 100,000 square miles of the Northwest Atlantic. He will also oversee aspects of international fisheries conservation and management, NOAA said.

Read the full story at the Boston Globe

NOAA Names Michael Pentony to Lead Greater Atlantic Region

January 11, 2018 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries announced that Mr. Michael Pentony is the new Regional Administrator for NOAA Fisheries Greater Atlantic Regional Fisheries Office in Gloucester, Massachusetts. He will assume his new duties on January 22, 2018. Mr. Pentony has been with the agency since 2002, serving in a series of positions including as the Assistant Regional Administrator for the Sustainable Fisheries Division since 2014. He succeeds retiring Regional Administrator John Bullard who had been in the position since 2012.

“I am extremely pleased to announce this appointment,” said NOAA Fisheries’ director Chris Oliver. “Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job. He is going to hit the ground running.”

In his new role, Mr. Pentony will head the agency’s regional office, which has responsibility for managing approximately 100,000 square miles of the Northwest Atlantic, the large marine ecosystem from Maine to Cape Hatteras and the Great Lakes. To do that, the office works closely with two fishery management councils, the states, the fishing industry, and other stakeholders to manage federal commercial and recreational fisheries, marine mammals, habitat, and much more. As Administrator, he will also oversee critical aspects of international fisheries conservation and management in the region.

Mr. Pentony has extensive experience leading the development and implementation of the fishery management plans and regulations established by the Mid-Atlantic and New England Fishery Management Councils and the Atlantic States Marine Fisheries Commission. In his role as the region’s lead for sustainable fisheries management, he oversaw all aspects of 14 management plans targeting 42 species valued at nearly $1.6 billion annually. Prior to taking the Assistant Regional Administrator position in 2014, Mr. Pentony served for 12 years as a team supervisor in the sustainable fisheries division.

“Under Michael’s leadership, the region’s sustainable fisheries team worked hard to meet the needs of fishermen and fishing communities from Maine to North Carolina. In doing so, they have implemented successful, innovative approaches to protecting and restoring stocks, habitat, and marine mammals. They also paved the way for an expansion of the aquaculture industry in the region by working hard to break through barriers to that industry,” said Oliver.

Before joining NOAA Fisheries in 2002, Mr. Pentony worked for five years as a policy analyst for the New England Fishery Management Council, primarily on issues related to habitat, marine protected areas, and the deep-sea red crab fishery.

He has a Bachelor of Science in Engineering from Duke University in North Carolina, and a Master’s of Environmental Management from the Nicholas School of the Environment at Duke University. Between college and graduate school, Mr. Pentony served for six years as an officer in the United States Air Force as an engineering project manager on a variety of military satellite and launch vehicle programs.

Michael grew up in the town of Point Pleasant, New Jersey, where he spent his summers fishing for bluefish and fluke at the Manasquan Inlet. He currently lives in New Hampshire with his family including his wife and daughter. In his free time he enjoys traveling with his family, cheering on his daughter at swim meets, cycling the back roads of New Hampshire, and trying to learn to play the bass guitar.

Learn more about NOAA’s Greater Atlantic Regional Fisheries Office here.

 

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

 

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