Saving Seafood

Sturgeon ruling may impact federally funded projects

Merrimack River made ‘critical habitat’ for Atlantic sturgeon

September 1, 2017 — They are large, bony fish whose ancestors began swimming the Earth during the Triassic period, some 245 million years ago.

The federal government says the Atlantic sturgeon is now an endangered species in some places and is threatened in others, and that states up and down the Eastern Seaboard must take necessary measures to ensure their survival.

A ruling handed down on Aug. 16 by the Department of Commerce through the National Oceanic and Atmospheric Administration, designates the Gulf of Maine as a critical habitat for the fish, which includes approximately 152 miles of water in the Merrimack River in Massachusetts, the Penobscot, Kennebec, Androscoggin and Piscataqua rivers of Maine, and the Cocheco and Salmon Falls rivers of New Hampshire.

But what sort of impact will the efforts to replenish the Atlantic sturgeon population have on Merrimack Valley cities like Haverhill and Lawrence?

Allison Ferreira, spokeswoman for NOAA’s Greater Atlantic Regional Fisheries Office, said Friday that the ruling mandates that when a federal agency constructs or develops a project near the river or there is a project that is receiving some amount of federal money, such as a highway or bridge project where there could be significant water runoff, that agency must contact NOAA to ensure proper measures are taken so as not to upset the fish’s natural habitat.

Read the full story at the Haverhill Gazette

Bristol, Mass. sheriff’s captain charged with smuggling in Carlos Rafael case

August 31, 2017 — BOSTON — A captain with the Bristol County Sheriff’s Office was arrested and charged late Wednesday in connection with helping Carlos Rafael, the owner of one of the largest commercial fishing businesses in the U.S., smuggle the profits of his illegal overfishing scheme to Portugal, the U.S. Attorney’s Office said.

James Melo, 45, of North Dartmouth, was charged with one count each of bulk cash smuggling, structuring and conspiracy. He was released on a $10,000 unsecured bond following his appearance in federal court in Boston on Wednesday afternoon, authorities said.

In May 2015, federal agents began an undercover operation targeting Carlos Rafael, the owner of one of the largest commercial fishing businesses in the U.S. In the fall of 2015, undercover agents, posing as potential buyers of Rafael’s business, met with Rafael to negotiate buying his fishing business. Rafael told the agents that he hid the cash proceeds of his illegal fishing sales, in part, by smuggling the money to Portugal. Rafael said that he sometimes took the money himself, but also used the services of others, and referred to knowing several members of the Bristol County Sheriff’s Office, including Melo, whom he described as, “the captain at the prison,” the U.S. Attorney’s Office said in a statement sent to news media.

Read the full story at the New Bedford Standard-Times

A Bacteria That Thrives In Warmer Waters Keeps Mass. Oyster Fisheries On High Alert

August 31, 2017 — Massachusetts loves its local oysters from places like Wellfleet and Duxbury. The state’s bivalve business is booming along with increased consumer demand. These days there’s no shortage of $1 oyster specials and oyster-centric restaurants around here.

But the ways oysters are harvested and handled have become more involved and challenging since 2013. That’s when bacteria linked to warming waters appeared in our marshes for the first time.

The result was an outbreak of gastrointestinal illness caused by Vibrio Parahaemolyticus — Vp or Vibrio for short. (To be clear, this is different from norovirus, which led to a closure of shellfish beds in Wellfleet last year.)

In response to the Vp bacteria’s emergence in New England, the state implemented a Vibrio Control Plan. Here’s how those state efforts to control bacterial infection have been affecting people in the oyster industry.

‘The Waters Are Warmer Than They Used To Be’

At Select Oyster Bar in Boston, you can find a rotating selection of Massachusetts oysters on-the-half-shell — Moon Shoal petites from Kingston, Ichabods from Plymouth and Wellfleet Puffers.

For about a dozen years Select’s chef-owner Michael Serpa has been serving mollusks in Boston establishments, including the cult-favorite Neptune Oysters in the North End. “I’ve seen a lot of oysters,” he told me, smiling.

Read and listen to the full story at WBUR

States Schedule Hearings on Atlantic Menhaden Draft Amendment 3

August 17, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission: 

August 31, 2017 — This press release revises the release distributed August 17th with the addition of Maryland’s public hearing information. All other information remains the same.

September 20, 2017 — This press release revises the release distributed on August 31st, rescheduling Florida’s hearing from September 26th to October 10th. Details on PRFC’s listen only webinar are also provided below.

The Atlantic coastal states of Maine through Florida have scheduled their hearings to gather public comment on Draft Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The details of those hearings follow.

Maine Dept. of Marine Resources

October 5, 2017; 6 PM

Yarmouth Town Hall

200 Main Street

Yarmouth, ME

Contact: Pat Keliher at 207.624.6553

New Hampshire Fish and Game Department

October 3, 2017; 7 PM

Urban Forestry Center

45 Elwyn Road

Portsmouth, NH

Contact: Cheri Patterson at 603.868.1095

Massachusetts Division of Marine Fisheries

October 2, 2017; 6 PM

Thayer Public Library, Logan Auditorium

798 Washington Street

Braintree, MA

Contact: Nichola Meserve at 617.626.1531

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October 5, 2017; 6 PM

Bourne Community Center, Room 2

239 Main Street

Buzzards Bay, MA

Contact: Nichola Meserve at 617.626.1531

Rhode Island Division of Fish and Wildlife

October 4, 2017; 6 PM

University of Rhode Island Bay Campus

Corless Auditorium, South Ferry Road

Narragansett, RI

Contact: Robert Ballou at 401.222.4700 ext: 4420

Connecticut Department of Energy and Environmental Protection

September 11, 2017; 7 PM

CT DEEP Boating Education Center

333 Ferry Road

Old Lyme, CT

Contact: Mark Alexander at 860.447.4322

New York Dept. of Environmental Conservation

September 12, 2017; 6 PM

NYSDEC Division of Marine Resources

205 N. Belle Mead Road

East Setauket, NY

Contact: Jim Gilmore at 631.444.0430

New Jersey Division of Fish and Wildlife

September 13, 2017; 6 PM

Manahawkin (Stafford Township) Courtroom

260 East Bay Avenue

Manahawkin, NJ

Contact: Russ Allen at 609.748.2020

Delaware Division of Fish and Wildlife

September 14, 2017; 6 PM

DNREC Auditorium

89 Kings Highway

Dover, DE 19901

Contact: John Clark at 302.739.9914

Maryland Dept. of Natural Resources

September 18, 2017; 6 PM

Anne Arundel Community College

Cade Center fr the Fine Arts – Room 219

101 College Parkway

Arnold, MD

Contact: Lynn Fegley at 410.260.8285

 

Potomac River Fisheries Commission

September 19, 2017; 6 PM

Carpenter Building

222 Taylor Street

Colonial Beach, VA

Contact: Martin Gary at 804.456.6935

Virginia Marine Resources Commission

September 20, 2017; 6 PM

Northumberland High School

201 Academic Lane

Heathsville, VA

Contact: Rob O’Reilly at 757.247.2247

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September 21, 2017; 6 PM

2600 Washington Avenue, 4th Floor

Newport News, VA

Contact: Rob O’Reilly at 757.247.2247

North Carolina Division of Marine Fisheries

September 27, 2017; 6 PM

Central District Office

5285 US Highway 70 West

Morehead City, NC

Contact: Michelle Duval at 252.808.8013

Florida Fish and Wildlife Conservation Commission

October 10, 2017; 6 PM

Town of Melbourne Beach Community Center

507 Ocean Avenue

Melbourne Beach, FL

Contact: Jim Estes at 850.617.9622

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Draft Amendment 3 seeks to manage the menhaden resource in a way that balances menhaden’s ecological role as a prey species with the needs of all user groups. To this end, the Draft Amendment considers the use of ecosystem reference points (ERPs) to manage the resource and changes to the allocation method. In addition, it presents a suite of management options for quota transfers, quota rollovers, incidental catch, the episodic events set aside program, and the Chesapeake Bay reduction fishery cap.

The 2015 Benchmark Stock Assessment Report identified the development of ERPs as a high priority for Atlantic menhaden management. Menhaden serve an important role in the marine ecosystem as prey for a variety of species including larger fish (e.g. weakfish, striped bass), birds (e.g. bald eagles, osprey), and marine mammals (e.g. humpback whales, bottlenose dolphins). As a result, changes in the abundance of menhaden may impact the abundance and diversity of predator populations, particularly if the availability of other prey is limited. ERPs provide a method to assess the status of menhaden within the broad ecosystem context. Draft Amendment 3 provides a variety of reference point options, including the continued development of menhaden-specific ERPs as well as the application of precautionary guidelines for forage fish species.

Draft Amendment 3 also considers changes to the allocation method given concerns that the current approach may not strike an appropriate balance between gear types and jurisdictions. Specifically, under the current allocation method, increases in the total allowable catch (TAC) result in limited benefits to small-scale fisheries, and to several states. Furthermore, the current method may not provide a balance between the present needs of the fishery and future growth opportunities. Draft Amendment 3 considers a range of allocation alternatives, including a dispositional quota (bait vs. reduction), fleet-capacity quota (quota divided by gear type), jurisdictional quota, including a fixed minimum quota for each state, and an allocation method based on the TAC. In addition, the document considers five allocation timeframes including 2009-2011, 2012-2016, 1985-2016, 1985-1995, and a weighted approached which considers both historic and recent landings.

The Draft Amendment is available here or on the Commission website, www.asmfc.org, under Public Input. Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on October 20, 2017 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at comments@asmfc.org (Subject line: Draft Amd. 3). If your organization is planning to release an action alert in response to Draft Amendment 3, please contact Megan Ware at 703.842.0740, so she can work with you to develop a unique subject line to enable us to better organize and summarize incoming comments for Board review.

Final action on the Amendment, as well as specification of the 2018 TAC, is scheduled to occur on November 14th at the BWI Airport Marriott, 1743 West Nursery Road, Linthicum, MD. For more information, please contact Megan Ware, Fishery Management Plan Coordinator, at mware@asmfc.org or 703.842.0740.

Carlos Rafael’s wife petitions for right to claim vessels

August 30, 2017 — NEW BEDFORD, Mass. — Two parties, including Carlos Rafael’s wife, filed petitions in district court claiming they possess rights to the property listed in the preliminary order of forfeiture, according to court documents submitted Monday.

Conceicao Rafael, who is married to Carlos Rafael, laid out in 45 pages her “rights to certain property” listed in the preliminary order of forfeiture.

In seven more pages, Joao Camara laid out his argument to the rights to Southern Crusader II, one of the 13 vessels listed in the preliminary order of forfeiture. Camara claims ownership through a company named R and C Fishing Corp.

Carlos Rafael pleaded guilty to falsifying fishing quotas, tax evasion and smuggling cash in March. As part of the plea agreement, 13 vessels could be forfeited.

Conceicao’s petition includes statements that she was and remains a 50 percent owner with her husband in 11 “relevant companies.” As part owner in the companies, she listed 11 vessels where she possesses “equitable interest.”

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: You can see the seal population in Chatham from space

August 29, 2017 — There are so many seals on the coast of Massachusetts that you can see them from space.

Literally. If you zoom in on Cape Cod using the satellite photo feature on Google Maps, you won’t miss the herds of seals scattered along the coast.

Start at the southern tip of Monomoy Island near Monomoy Point and move north on the ocean side of Monomoy Island.

Kimberly Murray, a research coordinator for the seal program at the National Oceanic and Atmospheric Administration’s Northeast Fisheries Science Center, said officials this year observed up to 25,000 seals off Massachusetts in a single day.

The number of seals currently residing in the waters off the state’s coast is likely as high as 50,000, based on recent research that also factored in the number of seals in the water.

Read the full story at the Boston Globe

MASSACHUSETTS: Lt. Gov Polito: Monument Should ‘Support Fishing Industry’

August 28, 2017 — FALL RIVER, Mass. — Even though she was visiting the city for a ribbon cutting ceremony at a new UMASS Dartmouth facility, Lieutenant Governor of Massachusetts Karyn Polito couldn’t escape questions surrounding the fishing monument controversy.

The Seamount’s Marine Monument was designated as a national monument by former President Barack Obama in 2016 along with 27 others nationwide. The monument status placed on the roughly 4,900 square mile fishing area south of Cape Cod restricts any commercial activity within it, including fishing.

The designation of this area as a Monument Status is to prevent offshore drilling for oil off the coast of Massachusetts. This prevents any and all commercial activity in that designated area for any reason, leaving a considerable effect on the fishing industry in the south coast of the state.

Secretary of the Interior Ryan Zinke announced on Thursday that he completed his review of the 27 monuments. Zinke says that none of the 27 national monuments will be rescinded under the Trump administration, but suggested the possibility of changing the borders to a handful of monuments, none of which were specified.

Read the full story at WBSM

Few Answers on Marine Monument as review ends

August 25, 2017 — BOSTON — The future of a national monument off the coast of Massachusetts is unclear Thursday after Interior Secretary Ryan Zinke wrapped up a review of 27 monuments, but did not publicly disclose his recommendations.

The Northeast Canyons and Seamounts Marine Monument, a roughly 4,900 square-mile area south of Cape Cod designated as a monument by President Barack Obama in 2016, was among those targeted for review by the Trump Administration.

While environmental advocates applauded Obama’s decision, made under powers granted through the Antiquities Act, the commercial fishing industry, port communities and some elected officials pushed back against its strict limits on fishing.

Gov. Charlie Baker’s administration had knocked what they described as a lack of public process and conflicts with existing marine planning processes. Energy and Environmental Affairs Secretary Matthew Beaton said in May that he hoped the review would yield modifications “recognizing the work that went into the ocean management plan and the public process around this issue.”

Zinke announced Thursday that he had sent his recommendations and findings to President Donald Trump. The announcement named the Northeast Canyons and Seamounts as among eight monuments Zinke visited during his 120-day review, but did not specify if he was suggesting any changes to that area or others.

Read the full story from State House News Service at the New Bedford Standard-Times

MASSACHUSETTS: Sen. Warren hosts town hall meeting in Marshfield

August 25, 2017 — More than 1,000 people packed into Marshfield’s Furnace Brook Middle School Thursday night for a town hall meeting hosted by U.S. Senator Elizabeth Warren, D-MA.

Residents asked Warren about issues ranging from flood insurance and healthcare to fishing regulations and the national political climate.

Warren was joined on state by 9th District U.S. Rep. William Keating, D-Bourne.

“I really want to hear what she has to say about the current administration and hear what she is going to talk about as far as what we can do to make sure that we are back in the White House in 2020,” Jennifer Mills, of Marshfield, said before the event. Mills took her daughter Shelby, 15, who wanted to ask the senator what the youth of America can do to make a difference.

John Haviland, vice president of the Massachusetts Fisherman’s Partnership, of Marshfield, asked Warren for support on a number of fishing related issues, including controlling the amount of seafood that is imported to the United States and research into the health of the fishing stock.

“We know how important fishing is, not just to the economy or eastern Massachusetts, but it’s way of life,” Warren said. “It’s a part of Massachusetts and a part of Massachusetts heritage. I am deeply proud of our fishermen, because our fishermen try to work with scientists to get the best possible information so we can have sustainable oceans and sustainable fishing over time. ”

Read the full story at Wicked Local

MASSACHUSETTS: State Rep. Straus request reveals NOAA has yet to penalize Rafael

August 25, 2017 — NEW BEDFORD, Mass. — Through a public records request, Rep. William Straus said he discovered that NOAA hasn’t disciplined Carlos Rafael since the indictment has been released.

That included an incident on Aug. 5, 2016, which occurred after the indictment, where public records also show that the Coast Guard cited the Lady Patricia, a Rafael vessel listed in the indictment, for “fishing without proper VMS designation.”

NOAA defines its Vessel Monitoring System (VMS) as a system supporting law enforcement initiatives and preventing violations of laws and regulations. It is used as evidence in the prosecution of environmental laws and regulations including regional fishing quotas, the Endangered Species Act, and the Marine Mammal Protection Act.

Rafael pleaded guilty in March to falsely labeling fish quotas, tax evasion and smuggling money.

NOAA said it doesn’t comment on ongoing cases, but it said it isn’t uncommon for the organization to issues penalties after criminal proceedings.

Straus, D-Mattapoisett, had requested from NOAA all charging documents involving Rafael.

“There was a pattern of behavior which concerned me about its impact on what we want to have in terms of managing the fishery,” Straus said.

Read the full story at the New Bedford Standard-Times