Saving Seafood

Feds: Fish companies on hook for not paying overtime

April 7, 2016 — GLOUCESTER, Mass. — The U.S. Labor Department has filed suit against two Gloucester waterfront businesses and their owner, seeking more than $200,000 in damages after the company failed to pay overtime to its workers over a three-year period.

The suit, filed in U.S. District Court in Boston and announced this morning, targets Zeus Packing Inc. and Cape Ann Seafood Exchange, both based at 27 Harbor Loop, and their owner, Kristian Kristensen, is seeking $203,998 in liquidated damages for 132 workers, designed to compensate them for hardship they sustained by not having received the money they should have been paid, said Carlos Matos, the Labor Department’s wage and hour division’s Massachusetts district director this morning.

The suit says Zeus Packing Inc. and Cape Ann Seafood Exchange failed to pay the workers $203,998 in overtime wages due from October 2011 through September 2014 in violation of the Fair Labor Standards Act.

While Kristensen and his companies paid the workers the $203,998 in back wages due in December 2015, Kristensen is contesting the liquidation damages payment, Matos said.

Read the full story at the Gloucester Times

2016-2017 Sea Scallop Research Set-Aside Recommended Awards Announced

April 7, 2016 — The following was released by NOAA:

NOAA Fisheries Northeast Fisheries Science Center and the New England Fishery Management Council are pleased to announce that 15 research projects have been selected for support from the 2016 Sea Scallop Research Set-Aside (RSA) program. The projects address the council’s research priorities for the nation’s highest-valued single species commercial fishery.

Twenty-five researchers from nine different organizations will be awarded 2016-2017 research grants valued at $15.6 million. These projects are funded by proceeds from selling a portion of the annual sea scallop quota “set aside” for this purpose. Award recipients are located in Maine, Massachusetts, New Jersey, Rhode Island, and Virginia and include universities, non-profit research and education organizations, and commercial fishing vessels and businesses.

Research set-aside programs are unique to federal fisheries in the northeast region. Under RSA programs, no federal funds are provided to support the research. Selected projects receive allocations “set-aside” within established quotas for this purpose under the particular fishery management plan. Successful applicants partner with the fishing industry to harvest their set aside award to generate funds for the research. There are active research set-aside programs for Atlantic sea scallops, Atlantic herring, and monkfish.

The New England Fishery Management Council established the sea scallop RSA program to address research that will support management of the scallop resource. The Council sets the research priorities and researchers compete for funding through a federal grant competition managed by NOAA Fisheries. All of the funds derived from quota sales are used to support research and compensate industry partners. NOAA Fisheries does not retain or use any of these funds.

This year, more than 30 proposals were received for consideration. Six of these are two-year projects. Proposals were evaluated and ranked for technical merit and responsiveness to Council research priorities.

Ten projects will address the Council’s highest research priorities, including intensive and broad-scale resource surveys, bycatch reduction, scallop meat quality, and scallop area management. Five projects focus on other Council priorities, such as sea scallop biology and productivity, habitat impact research, and reducing the risk of sea turtle interactions with the scallop fishery.

Proposals underwent a two-stage review – one for technical merit and one for responsiveness to management priorities.

Proposals for sea scallop surveys were evaluated and ranked by a technical panel that looked at merit as well as how the work met recommendations from a recent peer review of all sea scallop survey methods used in the region. All other proposals were each evaluated for technical merit by three subject matter experts. Each technical reviewer submitted scores and comments on each proposal. A management panel made recommendations on priority projects, based on current management priorities.
The technical review scores, in conjunction with recommendations from the management panelists, are the basis for RSA survey funding decisions.

Sea Scallop Resource Surveys Recommended for Funding

These surveys, combined with the annual NOAA Fisheries sea scallop survey, will provide a comprehensive picture of the scallop resource by the end of this summer. The data collected are expected to support the Council’s area management decisions for 2017 and beyond.

Arnie’s Fisheries Inc. will conduct an optical survey of the Elephant Trunk Access Area using the HabCam V3 instrument system, looking at scallop numbers, sizes, and density in order to generate harvestable biomass estimates.

The Virginia Institute of Marine Science (VIMS) will conduct a fine-scale dredge survey of the Mid-Atlantic sea scallop resource from the Virginia/North Carolina border to Block Island, Rhode Island. VIMS will also conduct high-resolution abundance and distribution surveys in and around the Nantucket Lightship Closed Area, and in Georges Bank Closed Area II and the surrounding area to the south, where secondary objectives include finfish bycatch species composition and catch rates; scallop product quality and disease research; and commercial and survey scallop dredge performance.

The Wood Hole Oceanographic Institution, as part of their habitat research on the northern part of Georges Bank, will conduct a high resolution HabCam survey to support near-term scallop area management decisions of this area that is undergoing considerable management changes. Lund’s Fisheries are co-principal investigators.

As requested by the New England Fishery Management Council, the survey technical review panel not only considered technical merit, but also the results of a recent peer review when evaluating proposals for sea scallop surveys. That review, conducted in 2015 by the Center for Independent Experts, examined all of the primary survey methods for assessing sea scallop abundance in the region, several of which are supported through the scallop RSA program. The technical panel ensured that proposals were responsive to the peer review findings.

Bycatch Mitigation Projects

For the fifth year, UMASS Dartmouth’s School of Marine Science and Technology will use their award to support a yellowtail flounder bycatch avoidance system.To address low allocations of yellowtail flounder in the scallop fishery, these researchers will work with the limited-access and general category scallop fleets to deploy the bycatch avoidance system in fishing grounds on Georges Bank and in southern New England.

Reducing bycatch through scallop dredge gear modifications is the focus of two projects proposed by the Coonamessett Farm Foundation, Inc. The Foundation plans to design and test gear designed to reduce flatfish bycatch through modification to the dredge bag, and the use of a modified flounder sweep attached to the dredge bail, filming interactions to monitor the effectiveness of the gear modifications.

The Coonamessett Farm Foundation will also continue its seasonal bycatch survey on Georges Bank, collecting information on yellowtail flounder bycatch rates and other bycatch species relative to scallop meat yield. Data will also be used to evaluate sea scallop health and meat quality, provide maturity data for several flounder species, estimate the prevalence of a potentially significant parasite in yellowtail flounder, and examine lobsters for shell disease while also collecting biological data.

For the eighth Coonamessett Farm will tag up to 30 loggerhead sea turtles with water activated tags. They will also observe sea turtle behavior using a remotely operated vehicle, take biological samples, and collect length and weight measurements. This work provides information on sea turtle distribution and behavior in the Mid-Atlantic and southern New England, where there is overlap between sea scallop fishing activity and turtle distribution. Co-principle investigators include Virginia Institute of Marine Science, the Atlantic Offshore Lobstermen’s Association, and Roger Williams University.

Sea Scallop Biology, Meat Quality, and Productivity Projects

The Virginia Institute of Marine Science will study sea scallop age structure and growth rates over time. Under a separate grant, VIMS will develop a framework for mark-recapture studies to estimate natural mortality, growth and movement of scallops and the effects of scallop density on those factors.

Researchers at the University of Massachusetts, Dartmouth campus investigating scallop meat quality will focus on how the infection that causes “gray meat” in sea scallops is transmitted.

Researchers at Virginia Institute of Marine Science, with colleagues at Rutgers University, will study how a nematode parasite affects scallop meat quality and provide insight into how industry and management can assess and predict impacts to the scallop stock and meat quality.

Coonamessett Farm Foundation will demonstrate the feasibility of a seeding program to enhance and stabilize scallop recruitment while documenting the factors that affect seed survival.

Woods Hole Oceanographic Institution will investigate the impact of scallop fishing in habitat management areas using the REMUS autonomous underwater vehicle.

For more information about these recommended awards and the Scallop RSA Program, please contact Ryan Silva (ryan.silva@noaa.gov, 978-281-9326), or Cheryl Corbett (cheryl.corbett@noaa.gov, 508-495-2070).

To learn more about work funded through the Sea Scallop RSA program, or through the NEFSC Northeast Cooperative Research Program, use our searchable project list.

2016-2017 Sea Scallop Research Set-Aside Projects 1

Project Organization Principal Investigators * Set-Aside Award
based on $12 per pound
R=research
C=compensation fishing
T=total budget
Optimizing the Georges Bank Scallop Fishery by Maximizing Meat Yield and Minimizing Bycatch Coonamessett Farm Foundation, Inc. Carl Huntsberger, Jasper Leavitt, Rachel Simpson, Liese Siemann (CFF)
David Rudders (VIMS)
Heidi Henninger (AOLA)
Roxanna Smolowitz (RWU)		 R-$498,573
C-$1,495,719
T-$1,994,292
166,191 lb of scallops
Development of Ecosystem Friendly Scallop Dredge Bags: Tools for Long-Term Sustainability Coonamessett Farm Foundation, Inc. Farrell Davis
Christopher Parkins
Melissa Campbell		 R-$394,050
C-$1,182,150
T-$1,576,200146,350 lb of scallops
A Modified Flounder Sweep for Flatfish Bycatch Reduction in the LAGC Scallop Fishery Coonamessett Farm Foundation, Inc. Christopher Parkins
Farrell Davis		 R-$92,380
C-$277,140
T-$369,52030,793 lb of scallops
Understanding Impacts of the Sea Scallop Fishery on Loggerhead Sea Turtles Through Satellite Tagging Coonamessett Farm Foundation, Inc. Samir Patel
Shea Miller		 R-$223,014.50
C-$669,044
T-$892,058.5074,338 lb of scallops
Drivers of Dispersal and Retention in Recently Seeded Sea Scallops Coonamessett Farm Foundation, Inc. Shea Miller
Liese Siemann
Jasper Leavitt		 R-$270,032
C-$810,096
T-$1,080,12890,011 lb of scallops
Optical Survey of the Scallop Resource in the Elephant Trunk Scallop Access Area – Year 2 Arnie’s Fisheries, Inc. Richard Taylor R-$146,635
C-$439,905
T-$586,54048,878 lb of scallops
Transmission of Apicomplexan Infection and Development of Gray Meat in Atlantic Sea Scallops Placopecten magellanicus (2 Years) University of Massachusetts, Dartmouth Jennifer Koop
Susan Inglis		 R-$179,140
C-$460,646
T-$639,78653,315 lb of scallops
Scallop Fishery Bycatch Avoidance System 2016 University of Massachusetts, Dartmouth Steve Cadrin R-$87,500
C-$225,000
T-$312,50026,041 lb of scallops
A Cooperative High Precision Dredge Survey to Assess the Mid-Atlantic Sea Scallop Resource Area (2 Years) Virginia Institute of Marine Science David Rudders
Sally Roman
Robert Fisher		 R-$395,870
C-$1,583,478
T-$1,979,346164,946 lb of scallops
An Assessment of Sea Scallop Abundance and Distribution in the Nantucket Lightship Closed Area and Surrounds (2 Years) Virginia Institute of Marine Science David Rudders
Sally Roman		 R-$178,389
C-$713,556
T-$891,94574,329 lb of scallops
An Investigation into the Scallop Parasite Outbreak on the Mid-Atlantic Shelf: Transmission Pathways, Spatio-Temporal Variation of Infection, and Consequences to Marketability (2 Years) Virginia Institute of Marine Science David Rudders (VIMS)
David Bushek
Daphne Munroe, Robert Fisher, Eleanor Bochenek (Rutgers University)		 R-$231,628
C-$713,794
T-$945,42278,785 lb of scallops
An Assessment of Sea Scallop Abundance and Distribution in Georges Bank Closed Area II and Surrounds Virginia Institute of Marine Science David Rudders R-$89,643
C-$358,572
T-$448,21537,351 lb of scallops
Scallop Mark-Recapture to Estimate Density Dependent Natural Mortality and Growth Virginia Institute of Marine Science David Rudders
John Hoenig		 R-$148,571
C-$445,713
T-$ 594,28449,524 lbs. of scallops
Age Structure and Growth Rate in the Sea Scallop Placopecten magellanicus (2 Years)  Virginia Institute of Marine Science Roger Mann
David Rudders		 R-$202,512
C-$411,161
T-$613,67351,139 lb of scallops
Impact of Disturbance on Habitat Recovery in Habitat Management Areas on George’s Bank (2 Years) Woods Hole Oceanographic Institution Scott Gallager
Mike Purcell (WHOI)
Wayne Reichle
Jeff Kaelin (Lund’s Fisheries)		 R-$666,486
C-$1,999,458
T-$2,665,944222,162 lb of scallops

Total $ 15,589,853
1 CFF – Coonamessett Farm Foundation
VIMS – Virginia Institute of Marine Science
AOLA – Atlantic Offshore Lobstermen’s Association
RWU – Roger Williams University
WHOI – Woods Hole Oceanographic Institution

 

Seafood coalition skeptical of proposed new rules

April 6, 2016 — The Northeast Seafood Coalition has submitted public comments for the proposed rules for the Northeast Fishery Management Plan that reiterate its lack of confidence in NOAA’s current system of scientific assessments for groundfish.

The comments from the Gloucester-based NSC, submitted to NOAA Fisheries before Tuesday’s deadline, question the reported status of the witch flounder stock and sets the fishing advocacy group in opposition to the proposed allowable biological catch limit of 460 metric tons or the 2016 fishing season.

“NSC expressed concern with the reported status of witch flounder during the public process,” the coalition said in its comments, which also reference the group’s “expressed concern that catch rates within the fishery are completely inconsistent with the reported stock status from the assessment.”

That concern with the methodology and accuracy of the stock assessments by the National Oceanic and Atmospheric Administration is a familiar refrain throughout the NSC comments.

“NSC has been an active participant over the years in the scientific assessments for groundfish stocks,” it said in its comments. “Direct engagement in the process, however, has made NSC leadership grow more leery of groundfish assessments.”

Read the full story at The Gloucester Times 

Global scallop supply limited in 2016, but rising in 2017

April 6, 2016 — NEW BEDFORD, Mass. — As the US east coast sea scallop fishing season ramps up, two of the world’s biggest scallops companies see prices at a plateau for now with tight supply in 2016 poised to ease soon after

Speaking to Undercurrent News at the headquarters of Eastern Fisheries, the world’s largest scallop firm, executive vice-president Joe Furtado said that decreased US scallop supplies are expected to keep prices elevated, at least for a little while.

“The overall outlook for this year is still down as a whole but the overall outlook for 2017 is a significant rebound from a supply perspective,” Joe Furtado, executive vice-president of Eastern Fisheries said. “So I think we’ve made some market corrections due to the reality that there’s just less scallops this year but in anticipation of a rebound in 2017, I think you’ll start to see receding pricing in the back half of this year.”

Eastern has two processing factories in New Bedford, another two in northeastern China, one of which is also used for flatfish processing, and a third recently opened in Staphorst, Netherlands that handles all of the company’s European scallops. The company is co-owned by two family businesses, O’Hara Corporation and Nordic Fisheries, which together own a fleet of 26 scallop vessels.

Read the full story at Undercurrent News

MASSACHUSETTS: Push on to move science center to fishing hub of New Bedford

April 5, 2016 — NEW BEDFORD, Mass. — The federal government is considering renovating one of the oldest and most influential marine science centers in the country, prompting some to lobby for the facility to relocate across the bay to New Bedford, the nation’s commercial fishing hub.

The Northeast Fisheries Science Center has been in the Falmouth village of Woods Hole since 1871. The current home was built in the 1960s and is surrounded by younger scientific organizations.

New Bedford is about 15 miles northwest of Woods Hole across Buzzards Bay but about 40 miles when traveling by land.

The federal National Oceanic and Atmospheric Administration is considering a renovation plan for the science center, which is aging, crowded and short on laboratory space. A consortium of local and state officials from the New Bedford area is lobbying for the center to move to the historic city, which is the country’s top ranking fishing port in dollar value.

Read the full story from the Associated Press at The Boston Herald

From necessity, delicious seafood invention

April 5, 2016 — Because restaurants sell 70 percent of the seafood consumed in the United States, chefs are hugely influential in creating market trends, so Latitude 43’s chef Ryder Ritchie wants you to know there’s nothing fishy about dogfish. Or, for that matter, monkfish. Or pogies, or skate, or pollock, hake, tusk, or even, once you get the hang of them, those ubiquitous little invasive crustaceans, green crabs.

Notice, he doesn’t mention redfish, a species that — armed with their moveable feast of redfish soup — the formidable duo of Mayor Sefatia Romeo Theken and Angela DeFillipo have done a dazzling job of marketing at Boston’s Seafood Expo and beyond.

But everything else that might ever have been referred to as “trash fish?”

Look for it on chef Richie’s future forward menus at Latitude 43.

This Wednesday evening — Latitude 43’s third annual sustainable seafood benefit for Maritime Gloucester — Ritchie recommends for starters, Saffron Monkfish Stew in wild mushrooms and basil; Atlantic Razor Clams with lemongrass, house-made chilies and charred bread; followed by an entree of brown-butter-seared local flounder with capers and golden raisins, grilled asparagus, olive-oil-poached fingerling potatoes, sherry foam and pine nuts.

Flounder? Underutilized?

Yes, says Ritchie. Maybe not as underutilized as other species Gloucester natives like himself grew up hearing “bad stuff about,” but certainly never up there with, say, the now highly regulated, venerable cod.

Read the full story at The Gloucester Times

Former mariner Luis Catala teaches fishermen safety on the water

April 5, 2016 — Being a commercial fisherman is one of the most dangerous jobs in the world, and the ocean off New England is the deadliest in the country. The fatality rate in its groundfishing and scalloping fisheries surpasses even Alaska’s “Deadliest Catch” crab fishery.

“People often don’t realize that, and even if they do, they might not understand the scope,” said J.J. Bartlett, the president and CEO of a nonprofit group called Fishing Partnership Support Services. “An example that I use is that if public schoolteachers in Massachusetts died at the same rate as our Northeast ground fisherman, over 400 schoolteachers would die on the job every year.”

The nonprofit group has trained nearly 3,000 fishermen since it started safety training for fishermen in 2005. It offers about 10 sessions a year across New England, recruiting instructors from various companies and organizations involved in fishing safety and equipment.

The sesssions cover a wide variety of safety lessons and skills, including plugging leaks, putting out fires, wearing inflatable immersion suits and shooting flares.

“You don’t want to be doing this stuff for the first time when you’re out on the water,” said safety instructor Luis Catala at a training in Hyannis in October. “This is a great chance for them to practice and learn.”

Read the full story at The Cape Cod Times

Fishermen look to replace human monitors with cameras

April 4, 2016 — The program, slated to begin next month, will include about 20 boats, roughly 10 percent of the region’s active groundfishing fleet, and will require fishermen to use sophisticated software, maintain cameras through the harsh conditions at sea, and submit to constant electronic scrutiny.

That has made some fishermen, who say their boats are like homes, uneasy.

They worry about losing their privacy and whether the footage could become public.

“Our bathrooms are buckets out on deck. I do not want some person counting how much toilet paper I use when I go to the head,” said David Goethel, who fishes cod out of Hampton, N.H.

Goethel sued NOAA last year for requiring fishermen to assume the costs of the observer program, which he said were too expensive and would put many of his colleagues out of business. The agency had previously covered the costs, but officials said they could no longer afford to subsidize the $3 million program.

See the full story at the Boston Globe

Drug testing a touchy issue on New Bedford’s waterfront

April 4, 2016 — NEW BEDFORD, Mass. — The thrum of the boat’s engine was audible last fall as local scalloper Rick Lynch, 44, talked frankly about his personal experiences and observations of drug use on New Bedford’s waterfront, now and nearly 30 years ago.

A New Bedford native who lives in Dartmouth, Lynch has been around long enough to fall into a few bottles, or needles, and climb back out again. He said he’s been sober for about 15 years, and a captain of scallop boats for about 14. Lynch supports mandatory drug testing in the fishing industry, but the idea might gain little traction on the regulation-wary waterfront — even after drug arrests on outbound fishing boats last month.

Understanding Lynch’s views about the present, though, means hearing about his past. He said he was 16 when he started working on local fishing boats, in the late ‘80s.

“Back then, Union Street was crazy,” Lynch said. “There was cocaine running around, there was heroin everywhere. There used to be bags of cocaine on the galley table on the boat, because we were working crazy hours back then, you know. Everything was illegal, in what we did fishin’. I mean, we brought in illegal small scallops because there was a scallop count back then. We were jumping over the Canadian line and staying up for days because we’d loaded the boat so much. Guys were eating No-Doz like they were going crazy — or eating Dexedrine, diet pills.

“And then when we came home, we drank,” Lynch continued. “All weopi did was drink. For years, I didn’t make it one block up Union Street, you know? I wasn’t even of age to drink and I had a tab at the National club, you know? I was 17 years old and I had a tab in a bar. Because that was acceptable if you were a fisherman back then — the police didn’t even go into those bars back then. If they did, they were drinking with us.”

In the wake of those times, and amid what could be a rising wave of drug use on New Bedford’s waterfront — where federal and local law enforcement raided 11 boats and made four opiate arrests over two days in March, in the second such raid this year — Lynch floated the idea of mandatory drug tests on commercial fishing boats, for crew members as well as captains and mates.

“I mean, there is no mandatory drug testing in this industry, you know, where there is in every other maritime industry,” Lynch said. “You get on a tugboat, you gotta have drug tests. You get on a ship, you gotta have drug tests.”

New drug-testing policies are just one idea of many that could rise to the surface as groups including Fishing Partnership Support Services, the Massachusetts Fishermen’s Partnership and others work to provide resources and support for fishermen amid the nationwide opioid epidemic, which is devastating entire communities and knows no borders.

Several longtime fishermen and industry leaders told The Standard-Times, though, that despite last month’s arrests and a drug-related death on the water in February, mandatory testing could be a tough sell.

Retired fisherman Rodney Avila, for example, said imposing mandatory drug tests on crew members would be one more regulation for fishermen and boat owners who already feel beset by them.

“There’s enough mandates on the fishing industry as it is,” said Avila, who owned three New Bedford-based groundfish boats, or “draggers,” between 1968 and 2013. “How much can these guys take?”

Avila is a former marine superintendent for New Bedford’s Harbor Development Commission and a former SouthCoast member of the New England Fishery Management Council. He emphasized — as have numerous fishermen, industry leaders and city officials in recent weeks — that the drug arrests unjustly stain the scores of clean, hard-working fishermen in New Bedford.

Read the full story at The New Bedford Standard-Times

RON SMOLOWITZ: Working the system makes the system unworkable

April 4, 2016 — FALMOUTH, Mass. — As the owner of Coonamessett Farm in Falmouth and a partner at the Woods Hole Oyster Co., I spend as much time navigating regulatory hurdles as I do tending the farm or going to sea. Many farmers and fishermen have similar fights with overbearing bureaucracy, something likely to become more common as the noose of government regulations tightens.

The most recent regulatory push in Massachusetts is to ban the farming of caged chickens. I theoretically stand to benefit from this, as my free-ranged eggs would increase in value. But this doesn’t consider the regulatory system that will be imposed on my farm to ensure compliance. My farm currently allows visitors to pick their own eggs, an activity that kids enjoy but that will be illegal, I’m sure, under any regulations. The federal Food Safety Modernization Act, a result of food safety advocates working the system in Washington, continues to evolve as the Food and Drug Administration encounters hurdles to its enforcement. In some respects it resembles the farm animal protection initiative being advocated in Massachusetts, but it targets every crop on the farm. Looking at the FDA’s guidelines, I don’t think I can find a workaround to keep farming and sell to the public. I certainly won’t be able to allow the public on the farm or be allowed to keep my farm animals, given concerns about the proximity of animal dung to farm crops.

Things aren’t much better out at sea. I do a substantial amount of research for the scallop industry, and sustainability is the key reason scallop management is a continued successes. Through a system of rotational management, certain zones are fished while others are left off-limits to allow them to repopulate. Much as with farmland, this system allows the resources to remain sustainable.

Read the full column at the Cape Cod Times