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MASSACHUSETTS: Gov. Baker team swims around marine monument controversy

Trump administration may reverse Obama decision creating monument

October 5, 2017 — BOSTON — In the course of the past year, a Connecticut-sized marine area off the coast of Cape Cod has been officially designated a national monument by one president and targeted for potential changes by the next.

It became subject to a new ban on commercial fishing, and now might have that ban removed.

Throughout the ping-ponging presidential decisions that have left the future of the Northeast Canyons and Seamounts Marine National Monument somewhat murky, the same concerns Gov. Charlie Baker first raised almost two years ago remain on the mind of his top environmental official.

“I think we’ve always pointed to the process, and making sure there was enough of a process that we know the right decisions have been made,” Energy and Environmental Affairs Secretary Matthew Beaton said. “We weren’t definitely saying the right or wrong decision was made. We definitely think there is value in conservation of those resources, but it’s just is the management plan that’s put out as part of it the right one, and I think we would know that answer through a more robust process, and that’s what we’ve always pointed to as having not occurred.”

In September 2016, President Barack Obama declared the canyons and seamounts area, about 130 miles southeast of Massachusetts, the Atlantic Ocean’s first marine monument. When the White House changed hands this year, it was one of 27 monuments the President Donald Trump charged his interior secretary with reviewing.

Trump’s executive order called on Secretary Ryan Zinke to study certain monuments designated under the Antiquities Act, including those where the Interior Department determined the decision “was made without adequate public outreach and coordination with relevant stakeholders.”

Read the full story from State House News Service at WWLP

NEFMC SSC Meeting, October 12, 2017, Live Streaming Information

October 4, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council’s Scientific and Statistical Committee (SSC) will meet on Thursday, October 12, 2017.  The public is invited to listen via webinar or telephone.  Here are the details.

MEETING LOCATION:  Hilton Garden Inn, Boston Logan Airport, 100 Boardman Street, Boston, MA.  Hotel information is available here.

START TIME:  10:00 a.m.

WEBINAR REGISTRATION:  Online access to the meeting will be available at: https://register.gotowebinar.com/register/3726401422414349827.

There is no charge to access the meeting through this webinar.

CALL-IN OPTION:  To listen by telephone, dial +1 (562) 247-8321.

The access code is 818-682-657.

Please be aware that if you dial in, your regular phone charges will apply.

AGENDA:  The SSC will (1) review information provided by the Council’s Scallop Plan Development Team (PDT) and recommend overfishing limit (OFL) and acceptable biological catch (ABC) levels for Atlantic sea scallops for fishing year 2018, as well as default OFL and ABC levels for 2019; (2) review information provided by the Council’s Whiting PDT and recommend OFLs and ABCs for the northern and southern stocks of silver hake and, separately, for red hake for fishing years 2018-2020; and (3) discuss other business as necessary.

MATERIALS:  Meeting materials, as they become available, will be posted on the Council’s website at SSC October 12, 2017 documents.

QUESTIONS:  Contact Joan O’Leary at (978) 465-0492 ext. 106, joleary@nefmc.org or Janice Plante at (607) 592-4817, jplante@nefmc.org.

New England Council Unanimously Reelects Dr. John Quinn as Chair and Terry Stockwell as Vice Chair for Another Term

October 3, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council in late September expressed full confidence in its leadership team when it unanimously affirmed the reelection of Dr. John Quinn of Massachusetts and Terry Stockwell of Maine to serve as Council chair and vice chair, respectively, for another term.

This marks Dr. Quinn’s second consecutive year as chairman. Prior to that, he served three years as Council vice chair under Stockwell. The two switched leadership positions during 2016 but continued to work together as a team to direct the Council’s management and policy initiatives.

“I am honored to be reelected by my colleagues as chairman,” said Dr. Quinn. “We have a lot of very complex and important issues facing us in the year ahead, and I am looking forward to collaborating with my fellow Council members and various stakeholders to attempt to solve some of the problems confronting the industry.”

Dr. Quinn is Director of Public Interest Law Programs at the University of Massachusetts (UMass) School of Law. He also is a former member of the Massachusetts House of Representatives and represented many fishing interests while practicing law in private practice for over two decades in New Bedford before joining UMass.

Stockwell is beginning his first term on the Council as a secretarial appointee. He previously served as the state of Maine’s designated fisheries official to the Council but retired from state service in June following a 21-year career at the Maine Department of Marine Resources (DMR). DMR Commissioner Patrick Keliher now sits at the Council table in that capacity. Stockwell was appointed in August to fill the seat previously held by Mary Beth Tooley of Maine, who had served three consecutive terms on the Council, the maximum allowed under the Magnuson-Stevens Fishery Conservation and Management Act.

In another show of confidence in leadership, the Council reelected the same slate of members to serve on its Executive Committee for the 2017-2018 Council year:

  • Doug Grout, chief of the New Hampshire Fish and Game Department’s Marine Division, was elected to serve his fifth consecutive term on the Executive Committee;
  • Peter Kendall of New Hampshire also was elected to serve a fifth consecutive term; and
  • Terry Alexander of Maine was elected to serve his second consecutive term.

Dr. Quinn and Stockwell also serve on the Executive Committee in their roles as Council chair and vice chair.

Read the release at the New England Fishery Management Council

Gloucester Times: Carlos Rafael case highlights failings of regulatory system

October 3, 2017 — Sometime early next month, Carlos Rafael is expected to report to a federal prison to begin serving a 46-month sentence for criminal conspiracy and tax evasion.

Rafael, the 65-year-old New Bedford-based fishing magnate, admitted to a judge earlier this year that he had lied to federal fishing regulators about the nature and size of his groundfish landings and bulk smuggling.

At sentencing last week, U.S. District Judge William G. Young rejected the argument from the man who liked to call himself “The Codfather” that the fraud was necessary to protect the jobs of his workers.

“This was stupid,” Young told Rafael. “This was a corrupt course of action from start to finish. It’s a course of action of extensive corruption designed to benefit you, to line your pockets. That’s what it is and that’s why the court has sentenced you as it has.”

Good for Young for handing down a stiff sentence (Rafael was seeking probation). The Codfather’s story, however, does not end here. His arrest and prosecution laid bare a broken regulatory and monitoring system.

Read the full editorial at the Gloucester Times

NE Council Receives 2017 Scallop Survey Overview and Progress Report on 2018 Management Measures in Framework 29

October 2, 2017 — The following was released by the New England Fishery Management Council:

During its late-September meeting in Gloucester, MA, the New England Fishery Management Council received a comprehensive overview of the “very successful” 2017 scallop survey season. The Council then reviewed the range of measures under development for Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan. These measures, once fully developed and approved, will apply to the 2018 scallop fishing year, which will begin on April 1 instead of March 1 as in previous years.

Five separate groups contributed to the 2017 scallop surveys:

  • The Virginia Institute of Marine Science (VIMS) conducted dredge surveys in the Mid-Atlantic, Nantucket Lightship Area, and Closed Area II.
  • UMass Dartmouth School for Marine Science and Technology (SMAST) conducted intensive surveys of Closed Area I, Closed Area II, and the Elephant Trunk Area, along with broadscale surveys of Georges Bank and the Mid-Atlantic and a drop camera survey of Stellwagen Bank in the Gulf of Maine.
  • The Woods Hole Oceanographic Institution (WHOI), in partnership with Lund’s Fisheries, conducted a Habitat Camera Mapping System (HabCam) version 5 (v5) survey of the Northern Edge on Georges Bank.
  • Coonamessett Farm Foundation (CFF) conducted a HabCam v3 survey of the Nantucket Lightship Area, as well as a HabCam v3 survey on Stellwagen Bank and Jeffreys Ledge in the Gulf of Maine, along with six dredge tows on Stellwagen. And,
  • The Northeast Fisheries Science Center (NEFSC) conducted a dredge survey on Georges Bank and a HabCam v4 survey of the Mid-Atlantic and Georges Bank.

Read the full release at the New England Fishery Management Council

Fish council to NOAA: Punish Rafael’s sector

October 2, 2017 — The New England Fishery Management Council wrapped up its three days of meetings in Gloucester last week, but not without sending a message to NOAA Fisheries that it’s time to consider possible enforcement actions against the New Bedford fishing sector that allowed Carlos Rafael to operate illegally over a four-year period.

The council voted 13-1, with two abstentions, on Wednesday to request NOAA’s Greater Atlantic Regional Fisheries Office immediately enforce sector regulations governing Northeast Fishing Sector IX’s operation plan. The sector, according to members supporting the motion, failed in its responsibility to ensure Rafael and other members played by the catch-share rules.

The question is how to get the sector to compensate the fishery for the more than 780,000 pounds of illegally landed or labeled fish that went misreported or unreported by Rafael. One suggestion was the sector be forced to buy additional quota commensurate with the overages, assuming enough quota exists for the species in question.

Read the full column at the Gloucester Times

MASSACHUSETTS: SMAST opening draws interest nationally

October 2, 2017 — NEW BEDFORD, Mass. — The official opening of the second SMAST facility created ripple effects beyond its location on South Rodney French Boulevard.

Construction crews erected SMAST East at a cost of $55 million. The names on the guest list, which packed into the first floor of the 64,000 square foot building Friday, displayed its incalculable value to the SouthCoast.

From the political arena, Cong. Bill Keating, Sen. Mark Montigny, Rep. Antonio Cabral and Mayor Jon Mitchell addressed the crowd at the ribbon cutting ceremony. NOAA Fisheries Greater Atlantic Regional Administrator and former New Bedford Mayor John Bullard and former dean of SMAST Brian Rothschild sat in attendance. Eastern Fisheries President Roy Enoksen and Executive Director of New Bedford Seafood Consulting Jim Kendall each listened to the 90-minute presentation that ended with a ribbon cutting.

“Today, you see evidence of UMass Dartmouth developing as a hub for the blue economy for all of New England,” UMass Dartmouth Chancellor Robert Johnson said.

The reach of the new research building extends beyond the northeast as well, particularly in Washington D.C.

“I happen to work with some people that may not be warming up to the idea of climate change is something that might occur,” Keating said. “So when I come here, I can bring some of that science back and try to work with some of my colleagues.”

Mitchell echoed those sentiments. The mayor spent Wednesday in the nation’s capital speaking to Congress on the reauthorization of the Magnuson Stevens Act, which is the primary legislation that governs fisheries.

“What you do here in creating the basis of regulation matters a whole lot. It’s indeed indispensable. The industry couldn’t function well. It couldn’t flourish as it is, especially on the scallop side these days, if it didn’t have the science to back up our assertions,” Mitchell said.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: ‘A new era’: UMass Dartmouth SMAST building to open

September 29, 2017 — NEW BEDFORD, Mass. — UMass Dartmouth’s new marine science building is finished, its laboratories gleaming with the promise of new research.

The $55 million School for Marine Science and Technology building, dubbed SMAST East, officially opens today in the South End of New Bedford. At 64,000 square feet, it nearly triples the physical size of SMAST, a graduate school and research center focusing on fisheries, coastal preservation, ocean modeling, and climate change.

The new building reunites the school’s programs in a campus-like setting. For several years, some have been housed in the AT&T building in Fairhaven for lack of space.

“Just to be back together was great,” said Steve Cadrin, a professor and chairman of the Department of Fisheries Oceanography. But more importantly, it’s a world-class facility, he said.

The building also helps cement the school’s relationship with the state Division of Marine Fisheries. The agency leased the third floor for its New Bedford office, and it will have a first-floor office for permitting.

The Division of Marine Fisheries works hand-in-hand with SMAST on research and sometimes hires its Ph.D. graduates. Recent hires have represented the agency on New England Fisheries Management Council committees, helped the state understand fish surveys, and studied algae blooms.

The agency’s director, David Pierce, is an adjunct professor.

“We are now in a far better position to collaborate,” he said.

Read the full story at the New Bedford Standard-Times

Federal lawsuit alleges Fall River fish plant, staffing firm, allowed sexual harassment

September 29, 2017 — A Fall River seafood processing plant and its staffing firm have been accused of allowing the sexual harassment of non-English speaking female employees in a federal lawsuit filed Wednesday by the US Equal Employment Opportunity Commission.

Atlantic Capes Fisheries Inc. and BJ’s Service Co. Inc. violated federal law “by maintaining and failing to remedy a hostile work environment where female workers were subject to ongoing sexual harassment,” the commission said in a press release issued Wednesday night.

BJ’s Services Co. hired and transported workers to the Fall River facility.

In a statement issued Thursday, Atlantic Capes Fisheries accused the commission of attempting to try the case “in the court of public opinion” by releasing a statement to the media before the company was notified of the lawsuit.

Atlantic Capes denies the claims, the statement said.

After reviewing the allegations in December 2015, the company “actively investigated all sexual harassment claims as soon as they were raised,” the statement said.

“ACF is, and always has been, an equal opportunity employer, and is committed to the cultivation and maintenance of a positive workplace environment,” the company said.

Read the full story at the Boston Globe

Rep Young’s Magnuson Bill to Move Ahead with Input from Calif. Rep Huffman; Aim is No Poison Pills

September 28, 2017 — SEAFOOD NEWS — Alaska’s Representative Don Young closed Tuesday’s hearing on four fisheries bills, by remarking to the panel, “We are going to use the vehicle of [HR] 200. I’m going to work with Mr. Huffman and see if we can’t come to some conclusion.

“The basic skeleton of the Magnuson Act … we’re going to keep the skeleton whole. Get those comments and suggestions to us, because we’re going to try to get something moving by October or November this year,” Young said.

Rep. Jared Huffman (D-CA) introduced a discussion draft called “Strengthening Fishing Communities through Improving Science, Increasing Flexibility, and Modernizing Fisheries Management Act.” The discussion paper includes sections on Council transparency, flexibility in rebuilding fish stocks, Saltonstall-Kennedy Act reform, red snapper cooperative research and others.

Rep. Jared Huffman said after the hearing Tuesday that Democrats and Republicans have many agreements when it comes to fishery regulations and management.

However, he said previous attempts in recent years to amend and reauthorize the law have stalled because of “poison pill” riders that would exempt fisheries from conservation policies such as the Endangered Species Act and National Environmental Protection Act.

“Instead of making meaningful improvements to our most important fisheries statute, this process has focused on weakening fundamental environmental protections in place of making meaningful improvements to our important fisheries management framework,” Huffman (D-San Rafael) said in his opening statement at the committee hearing. “This partisan process does a disservice to hardworking fishermen across the country including those in my district.”

Members from both sides of the aisle were in agreement that the law — known as the Magnuson-Stevens Fishery Conservation and Management Act of 1976 — has worked to prevent overfishing and replenish overfished stocks as was intended upon its passage.

Two other bills were discussed and commented on at the hearing by invited witnesses. HR 3588  and HR 2023 are focused on modernizing recreational fisheries and managing red snapper in regional ways, respectively.

The hearing was before the Water, Power, and Industry Subcommittee of the larger House Committee on Natural Resources.

Witnesses included Chris Oliver, Director of NOAA Fisheries; Mayor Johnathan Mitchell of New Bedford; Mike Merrifield, Southeastern Fisheries Association; Susan Boggs, co-owner of a charter operation out of Alabama, and others.

Chairman Doug Lamborn opened the hearing saying “Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. …whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore side support, a boat manufacturer or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small business. It’s my hope today that we will create a strong, bi-partisan MSA that supports jobs and our fishermen, and that supports the science data and process used in federal fisheries management.”

Jonathan Mitchell, Mayor of New Bedford, pushed back on the concept of “flexibility.”

“The term “flexibility” should not be understood as a euphemism for deregulation,” Mitchell said. “The councils are in the business of finely calibrating decisions in light of relevant environmental and economic data, and their own experience and expertise.

“In the discharge of their duties, they tend not to win friends either in the fishing industry or in the conservation community, and given the goals of Magnuson-Stevens, that’s probably the way it should be,” Mitchell said.

Susan Boggs, co-owner in a charter boating operation in Alabama, supported the current MSA.

“I am here today to tell you that MSA is working. This law was written to bring fisheries back from collapse, to ensure long-term sustainability for future generations, and to provide a conduit for stakeholders to be a part of the management process.

“There are several species of fish that are critical to the charter/for-hire sector in the Gulf of Mexico, but perhaps none more than red snapper. Since 2007, when annual catch limits became a requirement, the recreational sector’s quota for red snapper has tripled. MSA has worked for us.

“A suggestion that I would offer to this committee that would have a meaningful impact on the management of this fishery would be a Federal Red Snapper angler license,” she said.

“No one can tell you how many anglers target Red Snapper in the Gulf of Mexico. This license does not have to be cost prohibitive. Even a $10 fee would provide better data on the number of anglers targeting this species and could generate millions of dollars that could be used for cost recovery, stock assessments and better landings data which should include more real-time reporting using current technology from private anglers.”

Chris Oliver listed challenges to NOAA, nationwide and how MSA can tackle them.  “We face formidable challenges managing recovering stocks to benefit both commercial and recreational user groups with fundamentally different goals and objectives, and who are experiencing increased fish interactions due to the strong management measures that have improved historically overfished populations.

“Together with our partners, it is essential that we continue to explore innovative, science-based management approaches and regional management tools. We must remain dedicated to exploring ways to maximize economic opportunities from wild-caught fisheries for commercial and recreational fishermen, processors, and communities. We are committed to working with Congress on the bills put forth by this subcommittee, to ensure that annual catch limits, accountability measures, stock rebuilding, and other aspects of our management construct are working, while protecting the overall, long-term conservation and sustainability of the nation’s fishery resources.”

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

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