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Rafael Arrest Shines Light on Fishing System

December 1, 2017 — Dozens of New Bedford-based commercial fishing boats were ordered to stop fishing last week in the wake of the federal prosecution of fishing magnate Carlos Rafael, known as The Codfather, who pleaded guilty to tax evasion, cash smuggling, and falsifying records and misidentifying and mislabeling fish to avoid fishing quotas.

Members of the dwindling Vineyard fishing community who have been watching the proceedings say the tale is a sad commentary on the state of the industry and highlights flaws in its regulation.

“It’s a symptom of poor policy,” said Wes Brighton, a Vineyard fisherman and one of the only Islanders to hold a federal commercial groundfishing permit. Mr. Brighton fishes for lobster, conch, monkfish, and some cod from his boat Martha Elizabeth.

The system creates an imbalance, he said, giving independently-owned family fishing businesses little access to the fisheries and allowing larger corporations the ability to consolidate fishing permits and quota.

Mr. Rafael was arrested and charged in February 2016 after an undercover investigation. According to the government, federal agents posed as organized crime figures interested in buying his fishing business. For about four years, the Department of Justice said, Mr. Rafael lied to the government about the quantity and species of fish his boats in an effort to evade the strict federal quotas that are designed to protect the sustainability of certain fish species.

Read the full story at the Vineyard Gazette

 

East Coast Fishing Coalition Continues Legal Challenge to Planned Wind Farm Off New York

WASHINGTON — December 1, 2017 — The following was released by the Fisheries Survival Fund:

A coalition of East Coast fishing businesses, organizations, and communities, led by the Fisheries Survival Fund (FSF), has taken the next step in its legal challenge to a planned wind farm off the coast of New York. FSF and its co-plaintiffs argue that the Bureau of Ocean Energy Management (BOEM) awarded the lease for the New York Wind Energy Area (NY WEA) to Norwegian energy company Statoil without fully considering the impact on fishermen and other stakeholders, in neglect of its responsibilities as stewards of ocean resources.

The plaintiffs outlined their arguments in a brief filed Tuesday in the United States District Court for the District of Columbia. In the brief, FSF criticizes BOEM’s claim that it is not the agency’s job to resolve conflicts among new and pre-existing ocean users in the NY WEA. In an October filing, BOEM wrote that it is “not the ‘government steward of the ‘ocean commons,’’” a claim that FSF calls “unbecoming.” In fact, BOEM’s own website states: “The bureau is responsible for stewardship of U.S. [Outer Continental Shelf] energy and mineral resources, as well as protecting the environment that development of those resources may impact.”

FSF also writes that the NY WEA, an expanse of ocean nearly twice the size of Washington, D.C., is a poor location for a wind farm, and that BOEM and Statoil have alternately claimed that it is both too early and too late to raise objections to the lease. Statoil previously stated that vacating the lease would “squander the resources and the five years that BOEM has expended to date in the leasing process,” even as BOEM promises it will consider measures to mitigate the impacts of a wind farm later in the process. By then, after more time and resources have been expended, a wind farm “will be all but a foregone conclusion,” FSF writes.

Additionally, FSF argues that evaluating alternatives and considering conflicting ocean uses from the start would ultimately benefit BOEM and energy developers, ensuring they do not expend vast resources developing poorly located wind farms. The brief cites the ongoing debacle over the Cape Wind energy project, an approved wind farm off Cape Cod, Massachusetts, as an example of what can go wrong when BOEM and a developer ram through an agreement and become too invested to turn back. After the project “slogged through state and federal courts and agencies for more than a decade,” delays and uncertainty have jeopardized, if not eliminated, Cape Wind’s financing and power purchase agreements, according to the brief.

The plaintiffs in this case are the Fisheries Survival Fund; the Borough of Barnegat Light, New Jersey; The Town Dock; Seafreeze Shoreside; Sea Fresh USA; Rhode Island Fishermen’s Alliance; Garden State Seafood Association; Long Island Commercial Fishing Association; the Town of Narragansett, Rhode Island; the Narragansett Chamber of Commerce; the City of New Bedford, Massachusetts; and the Fishermen’s Dock Co-Operative of Point Pleasant, New Jersey.

While the fishing groups hold wide-ranging views about offshore wind energy development, they all agree that the siting process for massive wind energy projects “should not be a land rush, but rather reasoned, fully informed, intelligent, and cognizant of the human environment,” according to the brief.

About the Fisheries Survival Fund
The Fisheries Survival Fund (FSF) was established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery. FSF participants include the vast majority of full-time Atlantic scallop fishermen from Maine to Virginia. FSF works with academic institutions and independent scientific experts to foster cooperative research and to help sustain this fully rebuilt fishery. FSF also works with the federal government to ensure that the fishery is responsibly managed.

Maine objects, but regulators vote to keep shrimp fishery closed for 2018

November 30, 2017 — Regional fisheries managers voted Wednesday to keep Maine’s commercial shrimp fishery closed for another year amid assessments showing record-low numbers of shrimp in the Gulf of Maine.

The northern shrimp section of the Atlantic States Marine Fisheries Commission opted to extend for a fifth year, through 2018, the moratorium on shrimp fishing in northern New England to allow depleted stocks to rebuild. Fishermen and Maine’s representatives on the shrimp panel had been pushing for a modest commercial fishery – ranging from 500 to 2,000 tons – but failed to convince their counterparts from Massachusetts and New Hampshire.

“After 40 years in this business, I know that Mother Nature has a remarkable ability, if we leave the spawning stock in the water, to recover,” said Mike Armstrong, the Massachusetts Division of Marine Fisheries representative to the panel. “I’m not convinced that is going to happen … but I want to give this stock a chance to recover for a few more years.”

The decision frustrated Commissioner Patrick Keliher of the Maine Department of Marine Resources, who responded by saying Maine would not participate in the planned 13.3-ton “research set-aside” fishery for shrimp.

Read the full story at the Portland Press Herald 

 

Fishermen to managers: Our voices are ignored

November 30, 2017 — The New England Fishery Management Council sent its program review roadshow to Gloucester on Tuesday night to gather opinions on the council’s performance and the fishery managers were not spared the lash.

The comments delivered Tuesday night at the sparsely attended meeting at the state Division of Marine Fisheries Annisquam Station facility certainly were not new, at least not to anyone who has spent any time speaking with local fishermen about life under the regulatory gaze of the council.

They revolved around a strong belief among local fishermen that management decisions affecting the fishery are made well before the council convenes its public meetings and the scientific data and on-the-water-expertise of local fishermen are ignored or demeaned when it comes to forming policy.

“We have no faith (in the council),” said retired longtime Gloucester fisherman Sam Novello. “I don’t anyway. Our comments go in one ear and out the other.”

Others decried what they called a lack of transparency throughout the process that sets sector allocations and annual quotas, describing a system that keeps the fishermen outside the sphere of influence when it comes to managing the fishery.

Read the full story at the Gloucester Daily Times 

 

Odds are tiny for a winter shrimp fishing season

November 28, 2017 — ELLSWORTH, Maine — With fisheries regulators slated to gather in Portland on Wednesday, a shrimp fishing season in the Gulf of Maine this winter seemed as likely as bipartisan tax legislation in Congress.

The schedule called for members of the Atlantic State Marine Fisheries Commission’s Northern Shrimp Section to meet in the afternoon to establish dates and landings limits for the 2018 season. All evidence suggested that, except for a tiny “research” fishery, the limit, or total allowable catch, will be zero and there will be no season at all.

According to the commission’s recently released “2017 Stock Status Report for Gulf of Maine, Northern Shrimp,” the resource is in terrible shape. For the past five years (2012 through 2017) the shrimp stock has been at its lowest, both in terms of number and total biomass, over the 34 years that the shrimp population has been surveyed.

Prospects for the shrimp resource to rebound in the Gulf of Maine are grim.

Read the full story at the Ellsworth American 

 

Fight Over New England Marine Monument Continues

November 27, 2017 — On April 26, President Donald Trump ordered a review of two dozen national monuments created or expanded since 1996, which includes the Northeast Canyons and Seamounts that was created in the last days of the Obama administration. The monument, the first of its kind in the Atlantic Ocean, bans fishing, and oil, gas and mineral exploration within its boundaries.

In September, Interior Secretary Ryan Zinke recommended to Trump that the monument, located about 130 miles southeast of Cape Cod, be opened to commercial fishing. Zinke’s memo stated that instead of prohibiting commercial fishing, the government should allow it in the area under the Magnuson-Stevens Fishery Conservation and Management Act, which is the primary law governing the United States’ marine fisheries and meant to prevent overfishing and guarantee a safe source of seafood.

Conservationists opposed Zinke’s recommendation, while fishing groups supported it.

“They act like this area is all pristine and never touched,” said Massachusetts Lobstermen’s Association President Arthur “Sooky” Sawyer of the current protections. “Lobstermen have been fishing in those areas for the last 50-plus years with no negative effect on the marine species.”

The association is one of a handful of commercial fishing groups in an ongoing lawsuit that claims the Antiquities Act of 1906 only allows the president to create or expand monuments on land, not in the marine environment as Obama did.

Read the full story at the Cape Cod Times

UMass Dartmouth to study offshore wind and commercial fishing

November 27, 2017 — DARTMOUTH, Mass — What’s the best way for offshore wind and commercial fishing to coexist? Are there ways the two sectors can help each other? What are the challenges?

A new “blue economy” initiative will take a hard look at those questions.

The research will be conducted at the School for Marine Science and Technology at the University of Massachusetts Dartmouth, through the Massachusetts Marine Fisheries Institute.

Faculty and their students plan to focus on how offshore wind farms can coexist with other ocean-based industries, according to an announcement. The researchers will also look at wind resource assessment, energy forecasting, supply chain development, technological innovations, and the intersection of offshore wind and shipping.

Read the full story at The Republican

Massachusetts: Cape and Islands Lawmakers Join Fight to Protect Offshore Herring

November 27, 2017 — CHATHAM, Mass. — The Cape Cod Commercial Fishermen’s Alliance is receiving support from the Cape and Islands legislative delegation in protecting offshore herring for local fishermen.

Earlier this month, the lawmakers called on the New England Fishery Management Council to create a buffer zone off the coast of the Cape and Islands from large-scale mid-water herring trawlers.

Current regulations allow the trawlers to fish three miles offshore from Provincetown past the Islands.

“The delegation has taken up a position that we staked out at the Fishermen’s Alliance years ago that we need a buffer zone,” said John Pappalardo, the alliance CEO.

“In other words, a zone off the Cape and Islands where these vessels cannot come in and intensively harvest sea herring.”

The alliance would like a 50 mile buffer zone.

Read the full story at CapeCod.com

 

NOAA site aims to help fishing communities bounce back

November 24, 2017 — NOAA Fisheries has introduced a new website designed to help fishing communities be more resilient in the face of climate change, fluctuating fish stocks and even declines in waterfront infrastructure and economy.

The new website endeavor, introduced this week after almost three years of planning, is called Community Resilience in the Greater Atlantic Region.

“It really came out of the strategic plan we developed here in the regional office, which was the first one anywhere,” said Peter Burns of NOAA Fisheries in Gloucester. “One of the goals of that plan centered on building community resilience to help strengthen fishing communities.”

Working with NOAA’s Northeast Fisheries Science Center in Woods Hole, the community resilience working group — which included NOAA staffers from the West Coast, as well — began exploring ways to assist fishing communities in coping with regulatory, environmental and economic changes that challenge the very sustainability of fishing communities.

According to NOAA Fisheries’ own description of the endeavor, the resiliency strategy would provide information on “solutions to improve groundfish business practices and economic vitality,” as well as incorporating climate change, ocean acidification and ecosystem analysis into NOAA Fisheries’ activities.

Read the full story at the Gloucester Times

Plan to change New England ocean stewardship up for debate

November 24, 2017 — The federal government is close to enacting new rules about New England ocean habitat that could mean dramatic changes for the way it manages the marine environment and fisheries.

The National Marine Fisheries Service has been working on the rules for some 13 years and recently made them public. They would change the way the government manages the Gulf of Maine, Georges Bank and southern New England waters, which are critical pieces of ocean for rare whales, unique underwater canyons and commercial fishermen.

The new rules would affect the way highly valuable species such as scallops and haddock are harvested, in part because it would alter protections that prohibit fishing for species in parts of the ocean. The proposal states that its goal is to minimize “adverse effects of fishing on essential fish habitat.”

Read the full story from the Associated Press at ABC News

 

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