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How Maine came to play a central role in an international eel smuggling scheme

May 23, 2017 — Years after officials launched an investigation into baby eel poaching on the East Coast, the first of several men to plead guilty to participating in the wildlife trafficking ring was sentenced last week in a federal courtroom in Maine.

Michael Bryant, 40, a former Baileyville resident who now lives in West Yarmouth, Massachusetts, is one of more than a dozen men who the U.S. Fish & Wildlife Service says poached thousands of pounds of the baby eels, also known as elvers or “glass” eels, from 2011 through 2014. Since 2011, elvers on average have fetched around $1,500 per pound for fishermen, and netted more than $4 million total for the 12 convicted poachers who have pleaded guilty to federal charges in South Carolina, Virginia and Maine.

Maine found itself at the center of a criminal enterprise that illegally netted elvers along the Atlantic seaboard, where most states ban their harvesting, and then shipped the eels overseas to feed East Asia’s voracious seafood appetite, according to investigators.

Bryant and other poachers benefitted from a combination of environmental, economic and regulatory factors earlier this decade that created an unexpected boon for elver fishermen in Maine, where the vast majority of the country’s legal elver harvest occurs. Maine, one of only two states with legal elver fisheries, has approximately 1,000 licensed elver fishermen who over the past seven years have caught 81,000 pounds of elvers valued at more than $126 million. South Carolina, the other state, issues only 10 licenses each year and has much smaller harvests.

Last October, Bryant was one of seven men who pleaded guilty in federal court in Maine to trafficking in poached elvers. According court documents, Bryant did not have a fishing license but caught 207 pounds of elvers in Massachusetts, New Jersey and Virginia over four consecutive springs, from 2011 through 2014. He sold them to unscrupulous dealers or middlemen, with roughly half his catch being funneled through Maine, for an average of $1,600 per pound, netting a total of $331,084, according to authorities.

Read the full story at the Bangor Daily News

EDF proposes steep fines on Rafael to create ‘Groundfish Monitoring Fund’

May 23, 2017 — Carlos Rafael can do some good for the fishing industry, fishermen and fish stocks he so badly damaged during his decades of fraud, argue Environmental Defense Fund (EDF) leaders Matt Tinning and Johanna Thomas in a recent opinion piece in South Coast Today. 

“Leaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.”

Specifically, they call for the creation of a a Groundfish Monitoring Fund. Tinning is senior director of the EDF’s US oceans program; and Thomas is the New England regional director for EDF.

They argue, “One of the major causes of the New England cod crisis, and a key enabler of Rafael’s crimes, is inadequate monitoring of the groundfish fleet,” they state in the article. “Only one out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery can’t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafael’s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

“A Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.”

Read the full story at Undercurrent News

MASSACHUSETTS: How to Catch a Hungry Student? Bait the Hook With Fresh Fish

May 23, 2017 — Fish belongs in schools. Jenny DeVivo, head chef at the West Tisbury School, certainly thinks so. In November she began Fish Fridays at the school, partnering with Red’s Best, a seafood wholesaler, to provide the school with locally caught, underutilized fish on a weekly basis.

All year long students have been enjoying fresh fish lunches, and on Friday they met the whole fish food chain at the Massachusetts Farm to School’s Harvest of the Month seafood celebration.

The interactive event organized by Ms. DeVivo featured booths run by Cottage City Oysters, the Martha’s Vineyard Fishermen’s Preservation Trust, Island Grown Initiative, the Wampanoag tribe natural resources department and the Martha’s Vineyard Shellfish Group. Throughout the day the students learned about sustainable fishing and how the latest lunch initiative supports local fishermen. Students also posed with monkfish, squid, lobsters and more at a photo booth. Then they enjoyed meals that included fresh pollock, mussels and lobster.

There were also numerous educational opportunities as they watched a demonstration of mussels cleaning algae-filled water, saw how fish create fertilizer that grows the salad greens they eat every day and learned about the efforts of the Wampanoag tribe to track the Island’s herring population.

In one presentation, Jared Auerbach, founder of Red’s Best, explained the process of how local fish ends up on their lunch trays. He emphasized that the school’s demand for fish is “playing a really important part in our thriving local fishing community.”

The partnership entails a weekly commitment to purchase a set quantity of fish at a fixed price. The fish­ — whatever is fresh and abundant at the moment — is caught by members of the Menemsha Fish House and then processed by Red’s Best and distributed to the school.

Ms. DeVivo described the initiative as “the missing piece to the local puzzle that I had been searching for,” supplementing the cafeteria’s Island sources for meat, dairy, eggs, vegetables and fruit. As she serves up the latest catch each week, she tells the students the story of who caught it and where it was caught.

Read the full story at the Vineyard Gazette

EDF: Rafael’s assets should be seized, fund fishery restoration

May 21, 2017 — After decades of fraud, Carlos Rafael can finally do some good for the fishing industry, fishermen and fish stocks he so badly damaged.

Mr. Rafael reaped tens of millions of dollars, mislabeling millions of pounds of fish to mislead regulators and exceed quota limits. In the process, he was not just breaking the law — he was undermining sustainability in the New England groundfish fishery, cheating his fellow fishermen of their future.

Mr. Rafael amassed an empire of more than 40 fishing boats and 44 fishing permits, making his one of the largest commercial fishing companies in the country. Now, having pleaded guilty to a raft of charges including false labeling, conspiracy and tax evasion, he faces the potential for serious jail time when he is sentenced on June 27. But that should just be the beginning. NOAA, the IRS and the federal judge in this case have an unprecedented opportunity to dispense justice in a way that can transform this iconic fishery.

Leaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.

Specifically, we are calling for the creation of a Groundfish Monitoring Fund. One of the major causes of the New England cod crisis, and a key enabler of Rafael’s crimes, is inadequate monitoring of the groundfish fleet. Only 1 out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery can’t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafael’s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

A Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.

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

JOHN PAPPALARDO: What justice looks like for our fisheries

May 20, 2017 — The high-profile arrest of Carlos Rafael followed by his guilty plea to lying about the fish he caught and sold is final proof of the existence of a devastating rogue wave that has battered the historic New England fishery.

Rafael tainted an entire industry, making fools of hardworking, honest fishermen who have been playing by the rules under increasingly difficult circumstances.

It’s entirely possible that his illegal reporting distorted the scientific analysis that powered our fish population assessments. By mislabeling depleted species and selling them as abundant species, Rafael kept scientists from making honest estimates of how much fish actually was in the water. Public policy was built on bad assumptions, which in turn created double damage — lowering limits on the amount of fish honest fishermen were allowed to bring to shore while at the same time stealing the resource we are all committed to rebuilding.

Now comes the crucial question: What does justice look like in the aftermath of an admitted economic and environmental crime of this magnitude?

First, Carlos Rafael should be banned from commercial fishing, forever.

Second, the fishing quota he owns (pounds of fish allowed to be landed each year) should be redistributed to all of the fishermen in our region, because they are the ones most damaged by his criminal enterprise.

Third, additional revenue on his assets, whether from outright confiscation and sale, or fines and penalties, should be used to fund major improvements in how our fisheries are monitored and studied. This is the only way to assure that the same thing won’t keep happening over and over again, to protect honest fishermen and to revive fish populations.

While most fishermen are hardworking and law-abiding, making a living in a dangerous but gratifying way, we need to acknowledge that Rafael is not the only person to game the system (though he’s likely the worst). This is the moment to learn from what he was able to pull off and shut the door on anyone who aims to steal public resources from the ocean, other fishermen and the American public.

By Rafael’s own estimation, his fleet is worth between $75 million and $100 million. In the plea bargain proposed in return for his guilty plea, only 20 percent of his holdings (13 vessels and permits worth about $15 million) would be confiscated. This would leave him with $60 million or more of assets.

Read the full opinion piece at the Cape Cod Times

Warming water threatens fishing ports

May 22, 2017 — The continued warming of the Gulf of Maine is expected to pose additional threats to the region’s commercially important species of seafood — and by extension to the fishing communities that harvest them, according to a new study.

The study, jointly compiled by researchers at NOAA’s Northeast Fisheries Science Center and the Nature Conservancy, draws the link between the region’s unprecedented warming and concerns about the ability of species to find new, sustainable habitats.

“These changes will directly affect fishing communities, as species now landed in those ports move out of range, and new species move in,” said the authors of the study that appears in journal Progress in Oceanography.

The migration of a spectrum of species could create “economic, social and natural resource management challenges” throughout the region, according to the study.

“The projections indicate that as species shift from one management jurisdiction to another, or span state and federal jurisdictions, increased collaboration among management groups will be needed to set quotas and establish allocations,” the researchers concluded. 

At the heart of the concern is the startling rate at which the Gulf of Maine is warming.

Previous research has shown the region’s surface waters are warming faster than 99 percent of the Earth’s oceans and the study’s researchers project the region will continue to warm “two to three times faster than the global average through the end of this century.”

Read the full story at the Gloucester Times

Gulf of Maine will become too warm for many key fish, report says

May 22, 2017 — A new study by federal fisheries scientists predicts the warming of the Gulf of Maine will cause a dramatic contraction of suitably cool habitat for a range of key commercial fish species there. On the other hand, lobsters are more likely to find hospitable areas.

The study by seven scientists at the National Oceanic and Atmospheric Administration’s Northeast Fisheries Science Center in Woods Hole, Massachusetts, used a high-resolution global climate model and federal fisheries survey data to model how key fisheries species would likely be affected by predicted warming over the next 80 years.

The results confirmed previous research using other models and methods that found that the Gulf of Maine can be expected to become increasingly uncomfortable for many of the cold-loving species that have thrived here for all of recorded history but are at the southern ends of their ranges. Those include cod, haddock, redfish, plaice and pollock.

“The main message here is how important it is to understand the potential magnitude of the changes that you see when you get a finer, higher-resolution view of the implications of changing sea temperatures,” says co-author Michael Fogarty, chief of the ecosystem assessment program at the Northeast Fisheries Science Center.

The scientists caution that the research analyzes just one factor – albeit an important one – the distribution of thermally appropriate habitat for each of 58 species. Their results predict the changes in the amount and location of such habitat but don’t account for many other factors that can influence the future populations of the species themselves, such as what happens to what they eat or what likes to eat them, or how the increasing acidity of the ocean – another product of climate change – will affect each.

Read the full story at the Portland Press Herald

Fishermen work to get Trump’s attention on Thames River

May 18, 2017 — Supporters of President Trump are gathering in southeastern Connecticut Wednesday. Among them are a group of fishermen who organized on the Thames River.

These fishing vessels were on a different kind of mission. News 8 was on board the Tradition, a 70 foot vessel that is one of more than 25 boats out trying to get the president’s attention hoping for change to what they say are outdated and over regulated rules that could eventually kill the fishing industry here in New England.

The vessels set out from Stonington at around 8 a.m. for the one hour sail to the Thames River. The Tradition works out of Rhode Island but the boats there Wednesday also came from Connecticut, New York, and Massachusetts.

Aaron Williams, the Captain of the Tradition, has been a fishermen since 1998 but has been out on the water since he was 5-years-old. This is his families’ business, their livelihood and he doesn’t argue that regulations were needed two decades ago when inventory was low. But, he says after decades of responsible and regulated fishing, it’s time to change things again so the industry can survive.

“We never ever want to see unregulated fishing because we know where that goes; but what we would like to see is more participation from us in the management process. We’re not in it to catch the last fish that would be pointless.” said Williams.

Read the full story at WTNH

Out at sea, under the watchful eyes of cameras, fishermen work as the government monitors catch

May 16, 2017 — Chris Brown has grown used to the five video cameras that record every move he and his two crew members make aboard the Proud Mary.

Since installing the equipment in January on the 45-foot otter trawler, whenever Brown steams out of Galilee in search of flounder and other groundfish in the Atlantic Ocean waters off Rhode Island, the electronic monitoring system kicks on.

And as Brown engages the boat’s hydraulics to haul in its nets, the cameras track everything he and his crew catch, all the fish they keep and all the fish they discard over the side.

The cameras may seem intrusive, but then Brown has an easy answer when asked about them.

“I’d much rather have a camera overhead than an observer under foot,” he said.

Brown is one of three Rhode Island fishermen who have signed on to a program that is testing out electronic surveillance as an alternative to human monitors that the federal government requires to be on board one in every seven fishing trips in the Northeast in an effort to stamp out overfishing.

The new program being led by The Nature Conservancy offers the potential for closer observation of commercial fishing, enhancing compliance with quotas and deterring misreporting.

Its supporters say it also provides more accurate data that will lead to better science and better regulations, all with the aim of supporting a fishing industry that is sustainable for years to come.

“There’s a mismatch between what fishermen say they see on the water and what the science says,” said Christopher McGuire, marine program director with The Nature Conservancy in Massachusetts. “We’re trying to bridge that gap.”

Electronic monitoring on fishing boats is nothing new. It’s been in use in British Columbia, in Canada, for more than 15 years, was eventually adopted by American fisheries in the Pacific Northwest, and was tested by Cape Cod fishermen as far back as 2005.

Read the full story at the Providence Journal

MASSACHUSETTS: Fishermen’s Alliance to Launch Program to Promote Dogfish, Skate

May 16, 2017 — The Cape Cod Commercial Fishermen’s Alliance is launching a new program Memorial Day weekend to create demand for “under-loved” fish species caught in area waters.

Pier to Plate will see small-boat fishermen give free skate and dogfish throughout the summer to 20 restaurants, a fish market and catering company on the Lower Cape to serve to customers.

“This program is actually giving the fish to the restaurants for the summer to experiment with, play with, and serve to their clients,” said Nancy Civetta, the communications director for the Cape Cod Commercial Fishermen’s Alliance. “And that way we are hoping to just make them very popular because people will be more familiar with them if they find them on restaurant menus and in fish markets.”

The skate and dogfish, or Cape shark, are caught in abundance off Cape Cod and are mostly shipped overseas to be used in restaurants in Europe and Asia.

The goal of Pier to Plate is to make a consistent supply of these species available locally in an effort to support sustainable fishing on Cape Cod and familiarize residents, visitors and chefs with the fish swimming off the shore.

“We just aren’t landing as much cod and other groundfish as we used to here on Cape Cod,” Civetta said. “It’s a changing ecosystem out there. It’s still full of fish. It’s just different fish than we are used to eating.”

Civetta said the program is receiving support from the restaurant community as the Alliance has met with many around the Lower Cape.

Read the full story at CapeCod.com

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