Saving Seafood

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

MASSACHUSETTS: Labor Council latest to make plea for Carlos Rafael permits to remain in New Bedford

May 8, 2017 — The line of organizations with their eyes focused on the future of Carlos Rafael’s fishing permits continued to grow Friday.

The Greater Southeastern Massachusetts Labor Council addressed a letter to John K. Bullard, NOAA’s regional director from Maine to Cape Hatteras, North Carolina, as well as U.S. Attorney William Weinreb that urged the two men “to allocate the fishing permits now controlled by Carlos Rafael to the New Bedford area.”

“We sent a letter basically because of the fishing industry in New Bedford,” Cynthia Rodrigues, president of the council said. “(The permits landing elsewhere) will hurt the fishing in New Bedford.”

Bullard said he couldn’t comment on matters under litigation but saw no issues with parties announcing their opinions on the matter.

“I think it is perfectly fine for people to weigh in on what they think should happen in this case. It is a significant case and many people have been impacted,” he said. “There is nothing wrong with people letting us know how they feel about this case or what they think the government should do. That is perfectly appropriate at any time. But the case is under litigation.”

Read the full story at the New Bedford Standard-Times

Other New England Groundfish Sectors Demand Equitable Distribution of Rafael Permits

May 8, 2017 — SEAFOOD NEWS — The Sustainable Harvest Sector, one of the fishery cooperatives authorized by the New England Fishery Management Council, has called again for NMFS to redistribute Carlos Rafael’s fishing permits to the entire industry, by returning the catch history to the entire region.  Below is a statement from the Board of this Sector, making the case as to why NMFS should act in this manner. [Saving Seafood Editor’s Note: The Board of this Sector consists of Frank Patania, Anthony Fernandes, Phil Ruhle, Jr., Maggie Raymond, James Odlin, Marshall Alexander]

They also rightly state that any geographic preference, such as permanently awarding a portion of quota to New Bedford, requires an extensive public consultation and rulemaking, as such geographic allocations are outlawed under Magnuson except in very special and specific cases.

Fair and Just Compensation in the Case of Carlos Rafael

As Carlos Rafael’s criminal case of money laundering and fishery fraud winds toward closure, the National Marine Fisheries Service must confirm how to re-allocate Rafael’s fish harvesting privileges.  The government plans to seize thirteen vessels and fishing permits. That still leaves Rafael with dozens more boats and permits to continue operating, and many fishermen believe he should be expelled from the fishery entirely.  But whether it’s thirteen permits seized or the three dozen he owns, each one has some amount of fishing rights ‘attached’ to it which must be re-allocated.

The New England Fishery Management Council is the primary federal body which controls quota allocation, and it already has a re-allocation mechanism in place.  Several years ago, the Council voted that the harvesting rights attached to any permit surrendered to the government would be proportionally redistributed to all remaining permits in the fishery.

Though the Council perhaps did not envision a seizure of this magnitude, the mechanism actually works quite well here.  Carlos Rafael has a long history of breaking a myriad of fishing rules, including quota-busting, violations of fishing time limits, closed area incursions, and false catch reporting to the government.  The nearly twenty publicly available settlement agreements with the government follow a timeworn, repeat pattern: A violation, followed by a negotiated fine which is just the cost of doing business in a criminal enterprise.

Rafael stole from every other fisherman in New England.   Over the last five years, his boats poached fish from waters off Downeast Maine to the Rhode Island coast.  While everyone else was suffering under severe cuts to their allowable catch of cod and flounder, Rafael simply decided those cuts didn’t apply to him, and smuggled the fish ashore anyway.

So the Council’s re-allocation mechanism rewards those who play by the rules.  If offers some relief to fishermen working under stringent catch limits which might be a bit higher if not for Rafael and his complicit captains.   It buttresses the logic that as the crimes were committed throughout the region, relief should be distributed throughout the region as well.

The City of New Bedford believes Rafael’s thirteen permits should be confiscated, then locked to that port in perpetuity.  This is an understandable position but is morally bereft.   Locking the quota to that port denies redress to the vast majority of Rafael’s victims.  The City of New Bedford has only benefitted from Rafael’s continuous criminal acts.  It is unseemly to enjoy those benefits for twenty years then, once the scam is exposed, seize them for all time.

New Bedford is by far the nation’s richest fishing port and has been for at least a decade, landing $300-$400 million of seafood annually. In contrast, the entire New England groundfishery is presently worth $60 million.  It is a vibrant and diverse waterfront which will not, by the Mayor’s own admission, succumb to Rafael’s misdeeds.  And New Bedford will benefit from the Council’s mechanism, via quota re-allocation to other boats already based in that port.  Everybody gains.

Neither the governing Council, nor the National Marine Fisheries Service which implements the Council’s policy directives, has ever contemplated restricting quota even to the New England states, never mind individual cities.  Changes of that magnitude take years to develop and mountains of public input – which the Council already conducted, as part of its fishery management plan.  The redistribution mechanism is already in place, it has passed legal muster, and – particularly in this case – it is just.

Board of Directors

The Sustainable Harvest Sector

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

MASSACHUSETTS: All You Need To Know About Cape Cod Herring Runs

May 8, 2017 — For many Cape Cod residents, it’s not spring unless the herring are swimming up local rivers, en route to their summer spawning areas.

These two species of fish, Alewives and Blueback Herring, swarm the Cape’s streams and rivers from hundreds of miles away in the Atlantic Ocean each spring. Amazingly, each individual returns to breed in the same freshwater bodies in which it was born.

Dedicated Herring Counters keep track of them, but the spectacle is seen by all who pay the runs a visit during peak season in April and May.

When to See Herring on Cape Cod

The rest of Eastern Massachusetts often has herring still in migration through mid-June, but on Cape Cod, you’ll see most of them shuffle through by mid-May. They spend the summers in our water bodies, and then head back to sea before autumn.

When driving near rivers and streams, keep an eye out for frenzied seagulls. That’s a clue that herring are running. Water temperature is a tell, also. The fish really crank into gear at 50 degrees.

Cape Cod Herring Run Locations

Monument River Fishway, Bourne – A critical spot for herring, since the groups which flock up this river system are one of the most productive in Massachusetts.

Santuit Pond Fish Ladder – A dam completed in 2013 separates Santuit Pond from the river of the same name at the Santuit Pond Preserve, Mashpee.

Route 130 Herring Run – Not far from the Santuit Pond Ladder, the Rt. 130 ladder next to the Mashpee Wampanoag Indian Museum is easily accessible.

Eastham Herring Run – Nestled on the aptly-named Herring Brook Road near Bridge Pond Drive.

Read the full story at CapeCod.com

SEAN HORGAN: Fate of Raphael’s permits being debated

May 8, 2017 — As we have mentioned several times in the past, they don’t seem to brook a whole lot of foolishness up in Maine, particularly when it comes to cheating in the commercial fishing business.

So, it wasn’t really surprising when the Gloucester Daily Times received —  ran — a letter last week from Maggie Raymond, the highly respected executive director of the Associated Fisheries of Maine, with her take on what should happen to convicted scammer Carlos Rafael’s surrendered groundfishing permits.

“For law-abiding fishermen, this day is long overdue,” Raymond wrote. “While other fishermen were complying with steep reductions in fishing quotas, Rafael decided those rules didn’t apply to him. Rafael’s violations set back groundfish rebuilding requirements, and forced others to compete with his illegal activity on the fishing grounds and in the market.”

But Raymond wasn’t done there. She followed by offering a solution for the distribution of Rafael’s still-to-be-decided permit forfeitures. It’s one sure to make New Bedford Mayor Jon F. Mitchell choke on his Wheaties.

“Rafael’s history is so egregious that the National Marine Fisheries Service is obliged to cancel all his groundfish permits and fishing privileges,” she wrote. “Existing regulations describe a process for redistributing the fishing privileges from cancelled permits to all other permit holders in the fishery — and this is precisely the process that should be followed in this case.”

Read the full opinion piece at the Gloucester Times

New rules for lobstering in southern New England up for vote

May 8, 2017 — New restrictions on lobster fishing are up for a vote early next week as regulators try to slow the loss of the valuable crustaceans from southern New England waters.

Scientists have said populations of lobsters off of Connecticut, Rhode Island and southern Massachusetts have declined as waters have warmed. A board of the Atlantic States Marine Fisheries Commission is scheduled to vote on new management measures Monday and Tuesday.

Fishing managers are considering tools like trap reductions, changes to the legal harvesting size of lobsters and seasonal closures to try to preserve the population. Some lobster fishermen have opposed the possibility of new measures, saying such a move would kill off what remains of a once-vibrant fishery.

“Any further reductions in traps would be hard to accommodate, given that there are so few fishermen left in (southern) Massachusetts and Rhode Island,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

Most U.S. lobster is brought to shore in Maine, on New England’s north end, and Canada’s fishery also contributes a lot of lobster to American markets. Maine has had record high catches in recent years, and the price of lobsters to fishermen and consumers has been high, too. The U.S. lobster fishery was worth more than $620 million at the docks in 2015, a record, and Maine had a record year in 2016.

Read the full story from the Associated Press at the Concord Monitor

Southern New England Lobstering Changes up for Vote

May 5, 2017 — New restrictions on lobster fishing are up for a vote as regulators try to slow the loss of the valuable crustaceans from southern New England waters.

Scientists say populations of lobsters off of Connecticut, Rhode Island and southern Massachusetts have declined as waters have warmed. A board of the Atlantic States Marine Fisheries Commission is scheduled to vote on new management measures Monday and Tuesday.

Fishing managers are considering tools like trap reductions, changes to the legal harvesting size of lobsters and seasonal closures to try to preserve the population.

Most U.S. lobster is brought to shore in Maine. That state has had record high catches in recent years. The price of lobsters has been high, too.

Read the full story at New England Cable Network