Saving Seafood

JOHN PAPPALARDO: Rafael Should be Permanently Banned from Fishing, Redistribution of Quota

May 15, 2017 — SEAFOOD NEWS — Carlos Rafael pled guilty to running a massive criminal enterprise that stole from honest fishermen and undermined the fisheries as a whole.  One of his quotes offers a revealing insight into his perspective:

“This is America; anything can happen, with money behind it.”

Let’s put his money to work fixing the fishery he badly damaged.

Carlos Rafael should be banned from commercial fishing forever. The fish quota he owns should be redistributed to all the fishermen he harmed. That’s what existing regulations mandate, that’s what many in the industry believe, and we agree.

But we can demand and expect more. Honest fishermen have not been playing on a level field with the likes of Carlos. We need to make sure they aren’t put in that position again.

To do that, we must invest some of his illegal gains in fishing’s future by improving dockside monitoring, expanding electronic monitoring and increasing fishermen-scientist collaborations to get better fish counts.

We can transform this moment into an opportunity to create the oversight and infrastructure necessary to make honest, long-term success possible for our iconic fishery.

This can happen, and Carlos Rafael’s money should be behind it.

This letter originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission. 

Prices diving for largest US scallops

May 12, 2017 — US fishing vessels have been landing lots of larger scallops since fishing started in March, bringing prices down rapidly.

So far, landings have been largely U10s and 20/30s, a source with a large New Bedford, Massachusetts-based buyer told Undercurrent News.

“At today’s auction we saw a lot of U10s. Daily catch rates have started high and with plenty of large scallops,” the source said.

Prices at the New Bedford auction illustrate this.

Early in April (April 10), prices were as follows, according to information seen by Undercurrent:

U10s caught in the Nantucket Lightship scallop access area went for an average $16.96 per pound; U12s from the same grounds for $16.66/lb; 10/20s from the Elephant Trunk flex access area sold at $9.63/lb; and 20/30s from the Mid-Atlantic access area went for $9.38/lb.

By April 26 these were down across the board: U10s down 4% at $16.31; U12s down 8% at $15.38/lb; 10/20s down 6% at $9.07/lb; and 20/30s down 6% at $8.80/lb.

However the real drop has come in May. On May 11 these corresponding prices were down, compared to April 10:

U10s by 19%, to $13.70/lb; U12s by 25% to $12.50/lb; 10/20s by 22%, at $7.51/lb; and 20/30s by 20%, at $7.47/lb.

“The catch rates have been outstanding,” a second source, who works at a fishing company, told Undercurrent. “So, people are trying to figure out if we are going to have 50-55 million pounds, which is a lot more than we have been getting.”

Read the full story at Undercurrent News

Public invited to meetings of fishing regulators

May 12, 2017 — Gloucester, Massachusetts will sit at the epicenter of the national fishery management universe next week when top regulators from around the country gather here for three days of overviews of the nation’s individual fisheries.

The Council Coordination Committee, which includes chairmen and directors of the eight regional fishery management councils, is set to discuss issues such as national monuments and sanctuaries, habitat, recreational fisheries, enforcement and legislation.

The meetings at the Beauport Hotel Gloucester are being hosted by the New England Fishery Management Council, which was determined to hold them in a working commercial fishing port, according to NEFMC Executive Director Tom Nies.

Nies said the meetings give the geographically diverse regulators — who hale from Alaska to the Caribbean — the chance to discuss issues that cut across all of their councils. It also affords NOAA Fisheries the opportunity speak to the collective councils as a single group.

“We meet twice a year and it’s really the only time all eight council have the chance to discuss national-level policy issues and issues that other councils are facing that we may face ourselves in the future,” Nies said.

Read the full story at the Gloucester Times

ASMFC Northern Shrimp Section Approves Public Hearing Document on Draft Amendment 3 for Public Comment New England States Schedule Public Hearings

May 12, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

ARLINGTON, Va. — The Atlantic States Marine Fisheries Commission’s Northern Shrimp Section (Section) releases Draft Amendment 3 to the Interstate Fishery Management Plan (FMP) for Northern Shrimp for public consideration and input. The states of Maine, New Hampshire and Massachusetts have scheduled their hearings to gather public comment on the Draft Amendment. The details of those hearings follow.

Maine Department of Marine Resources

Wednesday, June 7, 2017 at 6 PM

Maine Department of Marine Resources

Conference Room #118

32 Blossom Lane

Augusta, Maine

Contact: Terry Stockwell at 207.624.6553

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Thursday, June 8, 2017 at 6 PM

Ellsworth City Hall Conference Room

1 City Hall Plaza

Ellsworth, Maine

Contact: Terry Stockwell at 207.624.6553

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New Hampshire Fish and Game

Tuesday, June 6, 2017 at 7 PM

Urban Forestry Center

45 Elwyn Road

Portsmouth, New Hampshire

Contact: Doug Grout at 603.868.1095

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Massachusetts Department of Marine Fisheries

Monday, June 5, 2017 at 6 PM

MA DMF Annisquam River Station

30 Emerson Avenue

Gloucester, Massachusetts

Contact: Kelly Whitmore at 978.282.0308

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The Section initiated Draft Amendment 3 with the intention of considering a limited entry program to address overcapacity in the fishery. In the 2010 and 2011 fishing seasons, increased fishing effort and untimely reporting resulted in early season closures and an overharvest of the total allowable catch (TAC). The 2012 fishing season was further restricted, resulting in a 21-day trawl season and a 17-day trap season. In the 2013 fishing season, despite the fact that only 55% of the TAC was harvested, the fishing mortality rate (0.53) was estimated above the target (0.38). In December 2013, the Section established a moratorium for the 2014 fishing season due to recruitment failure and a collapsed stock. The moratorium was maintained each year, through 2017, in response to the continued depleted condition of the stock.

Due to the uncertainty about if and when the resource would rebuild and the fishery reopen, the Section shifted the focus of Draft Amendment 3 to consider measures to improve management of the northern shrimp fishery and resource. Proposed options in the Draft Amendment include state-by-state allocations and accountability measures to better manage effort in the fishery. The Draft Amendment also explores the mandatory use of size sorting grate systems to minimize harvest of small (presumably male) shrimp, as well as reporting measures to ensure all harvested shrimp are being reported.

Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending public hearings or providing written comments. The Draft Amendment can be obtained at http://www.asmfc.org/files/PublicInput/NShrimpDraftAmd3_PublicComment.pdf or via the Commission’s website,www.asmfc.org, under Public Input. Public comment will be accepted until 5:00 PM (EST) on June 21, 2017 and should be forwarded to Max Appelman, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at mappelman@asmfc.org (Subject line: Northern Shrimp). For more information, please contact Max Appelman at mappelman@asmfc.org or 703.842.0740.

MASSACHUSETTS: New Bedford Fishing Heritage Center program teaches students sea safety

May 10, 2017 — New Bedford Fishing Heritage Center will present programs for more than 1,000 fourth-graders from New Bedford Public Schools in May as part of the national park’s Every Kid in a Park program. These programs will provide students with an introduction to the Center with a focus on Safety at Sea.

Commercial fishing is one of the most dangerous occupations in the nation. During their visit to the center, students will learn how fishermen train to keep themselves safe while at sea. A few students will get to try on survival suits. Center staff and volunteers from the fishing industry will present the program, sharing their knowledge with students.

BankFive provided a grant to support the center’s educational programs.

Educators interested in learning about program options are encouraged to contact the center. Programs can be tailored to the particular interests and grade levels of students.

The center is open free of charge, Thursday through Sunday, 10 a.m. to 4 p.m,. and is located at 38 Bethel St., in the heart of the park. The center is wheelchair-accessible and has free off-street parking.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Nation’s fish leaders meeting in Gloucester next week

May 10, 2017 — Leadership teams from the nation’s eight regional fishery management councils will convene in Gloucester next week to discuss national marine monuments, habitat and other fishery management issues.

The meeting of the Council Coordination Committee, which includes the chairmen, vice chairmen and executive directors of the eight regional fishery councils, is set for the Beauport Hotel on Commercial Street, May 15 to 18.

The first day is set aside for internal organizational meetings, with the principal agenda items scheduled for the following three days, according to Janice Plante, spokeswoman for the New England Fishery Management Council.

Plante also said the NEFMC plans to have its September meeting at the Beauport Hotel.

Read the full story at the Gloucester Times

ASMFC Atlantic Herring Section Approves Addendum I

May 10, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved Addendum I to Amendment 3 of the Interstate Fishery Management Plan for Atlantic Herring. The Addendum includes management measures intended to stabilize the rate of catch in the Area 1A fishery and distribute the seasonal quota throughout Trimester 2 (June through September), which has 72.8 % of the season’s allocation. The following measures were approved by the Section:

Days Out Program (effective for the 2017 fishing season)

The Section will separately address days out provisions for federal herring Category A vessels and small-mesh bottom trawl vessels with a federal herring Category C or D permit.

  • In addition to landing restrictions associated with the days out program, Category A vessels are now prohibited from possessing herring caught from Area 1A during a day out of the fishery.
  • Small-mesh bottom trawl vessels with a Category C or D permit will notify states of their intent to fish in Area 1A prior to June 1st.

Maine, New Hampshire and Massachusetts will make days out decisions by consensus. If a consensus cannot be reached, then the default landing day scenario will be zero landing days.

Weekly Landing Limit (effective for the 2017 fishing season)

The Addendum implements a weekly harvester landing limit for vessels with a Category A permit. The weekly limit will be adjusted throughout the fishing season based on effort. Forty-five days prior to the start of the fishing season, Category A vessels will notify states of their intent to fish in Area 1A, including a specification of gear type. This will provide states with an estimate of effort to calculate the weekly landing limit. For the 2017 fishing season, the notification date is set at May 23rd.

New Fishery Management Plan Tools

The following measures may be considered as potential management tools prior to the start of the fishing year:

  • Herring caught in Area 1A can only be landed by the respective harvester vessel (i.e. no carrier vessels)
  • Herring carrier vessels are limited to receiving at-sea transfers from one harvester vessel per week and landing once per 24-hour period

State Landing Report

NOAA Fisheries has granted access to vessel monitoring system-submitted daily catch report data for select staff in Maine, New Hampshire and Massachusetts. This will provide real-time data for the states to implement a weekly landing limit. Therefore, the implementation of a state landing report is not necessary at this time. The Section will include the option to implement a state landing report as part of the interstate fishery management program if it becomes necessary at a future date. The Addendum will be available on the Commission website, www.asmfc.org(on the Atlantic Herring webpage).

The Section also approved continuing the use of the GSI30-based forecast system to determine spawning closures in Area 1A. This method was developed by the Technical Committee, then tested and evaluated for effectiveness during the 2016 fishing season. The modified GSI‐based spawning monitoring system tracks reproductive maturity to align the timing of spawning area closures with the onset of spawning. The modeling efforts to forecast the spawning closures will be made available via a website.

For more information, please contact Ashton Harp, Fishery Management Plan Coordinator, at aharp@asmfc.org or 703.842.0740.

Atlantic Herring Area 1A Days Out Meeting on May 23

May 9, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

Atlantic Herring Section members from the States of Maine and New Hampshire and the Commonwealth of Massachusetts will meet at 10:30 a.m. on May 23, 2017 to discuss ‘days out’ measures for the 2017 Trimester 2 Area 1A fishing season, which occurs from June 1 to September 30.  This meeting will take place at the New Hampshire Fish and Game Department, 225 Main St. Durham, NH 03824. Parking spaces for meeting participants will be marked with orange cones.

Federally-permitted Herring Category A vessels must declare into the Area 1A fishery prior to the May 23rd Days Out Meeting. Small-mesh bottom trawl vessels with a Federal Herring Category C or D permit must declare into the Area 1A fishery by June 1, 2017.  States will send additional correspondence regarding the notification procedure. 

The 2017 Area 1A allowable catch limit is 31,115 metric tons after being adjusted for a carryover from 2015. The Section set the seasonal split as 72.8% allocated from June 1 – September 30 and 27.2% allocated from October 1 – December 31. Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per day harvested from Area 1A until June 1, 2017.

 2017 Atlantic Herring Fishing Season Sub-ACLs, NMFS Final Rule: https://www.federalregister.gov/d/2016-31392

 Please contact Ashton Harp, Fishery Management Plan Coordinator, at 703.842.0740 or aharp@asmfc.org for more information.

Fishermen, Conservationists Go Head To Head Over East Coast Underwater National Monument

May 9, 2017 — New England fishermen are hoping President Donald Trump will reverse an undersea monument designation they say has cut them off from nearly 5,000 square miles of valuable fishing grounds off the coast of Cape Cod.

Trump last month directed the Department of the Interior to conduct a sweeping review of national monument designations over the last two decades, including the Northeast Canyons and Seamounts, which President Barack Obama declared the first undersea national monument in the Atlantic Ocean in September.

The area is a “spectacular landscape” home to a “whole diversity of otherwordly creatures that most people are not familiar with,” said Peter Auster, a senior research scientist at Mystic Aquarium who helped secure the designation and has conducted research in the area. There are undersea canyons deeper than the Grand Canyon and extinct underwater volcanoes “taller than anything east of the Rockies” with a variety of species of fragile coral, he said.

But Joseph Gilbert, owner of Stonington-based Empire Fisheries, said since the designation, “we’ve been pushed to other areas” creating unnecessary competition and pressure as more boats are fishing in a smaller area. Fishermen, who have been using the area for 200 years, Gilbert said, were given just two months to get out.

Obama used the Antiquities Act of 1906 to declare the area a national monument, and that’s what’s at the heart of Gilbert’s objections, he said. Using the Antiquities Act circumvented the New England Fishery Management Council, the normal process for fishery management, and allowed for less input from the industry, Gilbert said.

Read the full story at the Hartford Courant

HANK SOULE: Rafael: Punishment should fit the crimes

May 9, 2017 — New Bedford fishing mogul Carlos Rafael has now pleaded guilty to a suite of felonies including tax evasion, smuggling fish to shore and cash offshore, false federal reporting, and evading quotas. The Justice Department has worked up a plea deal including four years in prison and seizure of some boats and permits. That suffices for the cash-related crimes, and thanks goes to law enforcement for their long, hard work and the penalties imposed. But it’s not enough.

Rafael has a multi-decadal history of lawbreaking. In 2016 the Boston Globe reported, “Rafael has a history of crime related to his business. He served a six-month prison term for tax evasion in the 1980s and was charged with price-fixing in 1994, though he was acquitted in that case, according to court records. He was also convicted of making false statements on landing slips for commercial fishing vessels in 2000 and was sentenced to probation, according to court records.”

That’s not the half of it. The National Maine Fisheries Service has record of 20 separate admitted violations over the last two decades involving Rafael’s vessels and corporations. They include sub-legal net mesh sizes, missing fishing day declarations and under-counting, quota violations, false reporting, and concealing illicit catch. The boats and scams varied but they all have one common thread: The name “Rafael” stamped on the corporate documentation.

It is no stretch to stipulate that this record, along with the recent case at hand, constitutes prima-facie evidence of repeated, willful, and egregious criminal activity on the part of Rafael. These violations caused unknown harm to fishery resources — by statute, property of the people of the United States — and to all the law-abiding fishermen who have suffered under increasingly stringent regulations (or been forced out of the business entirely). The question at hand is: How to protect the victims and environment alike from this serial offender?

Here’s the rest of the story: In addition to the 13 vessels and permits to be seized, Rafael has another eight vessels and 25 permits still enrolled in the groundfishery. The government has not proposed to restrict those vessels in any way. There are no known sanctions on the offending captains. No additional monitoring of those vessels is planned. In other words: It’s pretty much business as usual, and for Rafael while the loss of those 13 vessels is unfortunate, it’s just one of the costs of engaging in smuggling.

Read the full opinion piece at National Fisherman