Saving Seafood

MASSACHUSETTS: South Shore fishermen support lawsuit over at-sea monitors

BOSTON, Mass. — December 11, 2015 — In a new lawsuit, regional fishing interests are challenging the legality of a mandate requiring them to carry at-sea monitors on their vessels during fishing trips and to soon begin paying the cost of hosting those federal enforcement contractors.

South Shore fishermen Thursday threw their support behind the lawsuit filed by the nonprofit Cause of Action on behalf of Northeast Fishery Sector 13, which represents fishermen from Massachusetts and New Hampshire down to North Carolina.

Marshfield fisherman Ed Barrett said shifting the cost burden to small fishing boats would “pull the rug out” from under fishermen.

The lawsuit “puts the issue as out-front as it can get,” said Barrett, who is president of the Massachusetts Bay Ground Fishermen’s Association.

In the suit filed in U.S. District Court in New Hampshire against the U.S. Department of Commerce, the plaintiffs are also seeking a preliminary injunction to prevent fishermen from taking on the costs, estimated at hundreds of dollars per day at sea.

Read the full story at Marshfield Mariner

AUDIO: Cause of Action & Plaintiffs Discuss At-Sea Monitoring Lawsuit

December 10, 2015 (Saving Seafood) — This afternoon, Cause of Action, a government accountability organization “committed to ensuring that decisions made by federal agencies are open, honest, and fair,” held a media call with David Goethel and John Haran, the plaintiffs in a lawsuit filed against the Department of Commerce to overturn the Department’s decision to have the commercial fishing industry pay for the cost of at-sea monitoring.

According to Cause of Action, “a large majority” of the commercial fishing operations in New England “will be forced to shut down if the government forces those who fish for cod, flounder and other ‘ground fish’ to pay out of pocket for at-sea monitoring, a program the government has traditionally funded.” The industry is expected to begin paying for the cost of at-sea monitors sometime in 2016.

According to Cause of Action, NOAA estimates that up to 60 percent of the groundfish fleet will be unable to afford the cost of at-sea monitoring. Among other reasons for the challenge, Cause of Action noted that “Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors,” and “NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and ‘minimize adverse economic impacts on such communities.'”

Listen to the call here

 

MASSACHUSETTS: Chatham, state officials contest federal right to control fishery

December 9, 2015 — CHATHAM — The state, town and federal governments are fighting over ownership of the ocean within the Monomoy National Wildlife Refuge.

Unless something changes dramatically in the next few months, a court will have to decide who can manage fisheries in the area, according to Chatham officials and Massachusetts Attorney General Maura Healey.

The U.S. Fish and Wildlife Service claimed ownership and management of the 3,000 acres of water and ocean bottom west of North and South Monomoy islands in its final draft of a new plan meant to guide management of the wildlife refuge for the next decade or more. The comment period on the draft expired Monday and the state attorney general’s office, the state Department of Fish and Game, and the town of Chatham all filed comments, along with an additional two dozen or more letters and emails submitted as of early Monday, according to Elizabeth Herland, Fish and Wildlife project director.

In the comments, the town and attorney general disputed the service’s claim that it was granted ownership and control over the disputed area in a 1944 court decision that established the refuge through a land taking. In her comments, Healey called the assertion erroneous and threatened legal action unless the federal agency revises its stance.

The town is also contemplating legal action, said Jeffrey Dykens, chairman of the selectmen.

“We would like to avoid litigation but we are keeping all our options open,” Dykens said.

Read the full story at Cape Cod Times

 

Study: Offshore wind’s impacts on fisheries unclear; federal report calls for more research

December 3, 2015 — NEW BEDFORD, Mass. — Advocates for regional fishing industries and marine life are concerned about the impacts of offshore wind turbines as deep-pocketed, experienced developers eye construction in ocean waters south of Martha’s Vineyard.

The offshore wind industry has been touted as a key piece of New Bedford’s economic future, but advocates’ concerns are reflected in a federal report that says little is known about how turbines could affect fish populations.

“Potential impacts of offshore wind energy development on fisheries resources are not well understood, both here in the U.S. and abroad,” states a study released in July by the federal Bureau of Ocean Energy Management (BOEM), citing a “comprehensive” review of related literature.

“The site-specific project data needed to evaluate the potential impacts on fisheries resources in these (wind energy areas) is lacking, resulting in uncertainty and speculation,” the study also states.

BOEM’s new committee on ocean energy management and the environment will hold its first meeting next week, in Washington, D.C. The group of respected scientists from across the nation — none from SouthCoast — will help guide BOEM’s stewardship of offshore energy resources, a BOEM news release says.

The group could help fill the void of information cited by the BOEM study over the summer.

Read the full story at the New Bedford Standard – Times

 

NEFMC proposal would limit access to hake fishery

December 8, 2015 — The New England Fishery Management Council is hosting a public meeting tonight in Gloucester as an initial step in possibly drafting an amendment that would modify the small-mesh multispecies fishery into a limited access fishery.

The meeting, to solicit public comment and gather information that ultimately would be used in the drafting of an environmental impact statement, is scheduled for 7 p.m. at the state Division of Marine Fisheries office at 30 Emerson Ave.

Currently, the small-mesh multispecies fishery, which includes whiting (silver hake), red hake and offshore hake, is an open fishery, accessible to any fisherman with the appropriate permit.

The proposal to limit access to the fishery is based in concerns “over unrestrained increases in fishing effort” in the small-mesh fishery, the council said.

“The need for the amendment is to reduce the potential for a rapid escalation of the small-mesh multispecies fishery, possibly causing overfishing and having a negative impact on red hake and whiting markets, both outcomes having negative effects on fishery participants,” council said.

Read the full story at the Gloucester Daily Times

Fishermen say lack of moorings could disrupt Maine scallops

December 5, 2015 — Fishermen in Maine’s lucrative scallop fishery say this year’s season could be disrupted somewhat by a lack of mooring space in one of the state’s most important fishing grounds.

Maine scallops were worth nearly $7.5 million in 2014 – the most in more than 20 years and by far the most since the industry recovered from a near-collapse in the mid-2000s. The richest scallop fishing grounds in the state are in Cobscook Bay on the northeastern coast, an area that fishermen said suffers from a lack of places to tie boats this year.

The collapse of the Eastport breakwater, which also damaged docked scalloping boats, contributed to the lack of space, scallop fisherman Alex Todd said. The loss of space in Eastport led to residual lack of moorings in nearby communities, he said.

However, Todd said he still expects a productive season, as Maine scallops have sold for high prices in recent years. The scallops, which are prized in the culinary world, sold for nearly $13 per pound at the dock last year, slightly edging the much larger Massachusetts fleet for the highest price per pound among states with a significant scallop fishery.

Read the full story at the Portland Press Herald

 

New England States Schedule Hearings on the Public Hearing Document for Draft Amendment 3 to the Atlantic Herring FMP

December 4, 2015 — The following was released by the Atlantic States Marine Fisheries Commission:

New England states of Maine through Massachusetts have scheduled their hearings to gather public comment on the Public Hearing Document for Draft Amendment 3 to the Interstate Fishery Management Plan for Atlantic Herring. The dates, times, and locations of the scheduled hearings follow. 

Maine Department of Marine Resources

Wednesday, January 6th at 1 p.m.

Marquardt Building

Conference Room 118

32 Blossom Lane

Augusta, ME

Contact: Terry Stockwell at 207.624.6553

New Hampshire Department of Fish and Game

Tuesday, January 5th at 7 p.m.

Urban Forestry Center

45 Elwyn Road

Portsmouth, NH

Contact: Doug Grout at 603.868.1095

Massachusetts Division of Marine Fisheries

Tuesday, January 5th at 2 p.m.

Annisquam River Station

30 Emerson Avenue

Gloucester, MA

Contact: David Pierce at 617.626.1532

Rhode Island Department of Environmental Management

Monday, January 4th from 6 – 9 PM

University of Rhode Island Bay Campus

Corless Auditorium

South Ferry Road

Narragansett, RI

Contact: John Lake at 401.423.1942

 

Draft Amendment 3 was initiated to propose management measures in Area 1A (inshore Gulf of Maine) which reflect changes in the stock structure, integrate recent data into management decisions, and respond to changes in the fishery. The Public Hearing Document proposes (1) alternatives to the spawning monitoring program (protocol, default start dates, area boundaries, and length of the closure period); (2) removing the fixed gear set‐aside rollover provision, and (3) requiring a vessel’s fish hold to be emptied before leaving on a fishing trip.

Today’s rebuilt herring population is comprised of a broader range of age classes with older and larger fish compared to the population during overfished conditions. Analysis of more than a decade’s worth of data suggests larger herring spawn first and the timing of the start of spawning varies from year-to-year. Proposed alternatives to the current spawning monitoring program address inter-annual differences and provide additional measures to more adequately protect spawning fish in the areas where they spawn.

At the request of the fishing industry, the Public Hearing Document includes an option to adjust the fixed gear set-aside rollover provision. Currently, the set-aside of 295 mt is available to fixed gear fishermen through November 1, after which the remaining set-aside becomes available to the rest of the Area 1A fishery. The November 1 date was set because, typically, herring have migrated out of the Gulf of Maine by that time. Anecdotal evidence suggests herring are in the Gulf of Maine after November 1, therefore, fixed gear fishermen requested the set-aside be made available to them for the remainder of the calendar year.

Members of industry also suggested a requirement for fish holds to be empty of fish prior to trip departures. This provision would allow for full accountability and encourage less wasteful fishing practices by creating an incentive to catch herring which meet market demands. The New England Fishery Management Council included a complementary provision in its Framework Adjustment 4 to the Federal Atlantic Herring FMP.

Fishermen and other interested groups are encouraged to provide input on the Public Hearing Document either by attending state public hearings or providing written comment. The document is available here and can also be accessed on the Commission website (www.asmfc.org) under Public Input. Public comment will be accepted until 5:00 PM (EST) on January 20, 2015 and should be forwarded to Ashton Harp, FMP Coordinator, 1050 N. Highland St., Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at aharp@asmfc.org (Subject line: Draft Amendment 3). For more information, please contact Ashton Harp, at aharp@asmfc.org or 703.842.0740.

One dead, two rescued as fishing boat sinks

December 4, 2015 — One is dead but two were rescued by the Coast Guard after their fishing boat sank 12 miles off Thacher Island on Thursday night.

The deceased is identified as fisherman David “Heavy D” Sutherland of Gloucester by witnesses and friends in mourning.

A good Samaritan aboard the Foxy Lady notified watchstanders at the Coast Guard Sector Boston command center about 3 p.m. that the fishing boat Orin C was disabled and needed a tow.

The Foxy Lady, captained by Phil Powell, began towing Orin C toward shore, but high wind and waves impeded the effort, according to the Coast Guard. A large wave reportedly crashed over Orin C’s bow, causing the boat to flood.

Watchstanders at Coast Guard Sector Boston, who had been monitoring the tow on VHF radio, launched a 47-foot Motor Life Boat crew from Station Gloucester.

The crew arrived on scene, passed a pump to the Orin C crew, hooked up tow, and made way toward Gloucester against 30 knot winds and 8-foot seas, the Coast Guard said in a statement.

Read the full story at the Gloucester Daily Times

 

 

Wellfleet, Mass. shellfisherman charged with illegal sales to restaurants

December 2, 2015 — WELLFLEET, Mass. — A Wellfleet man had his state commercial shellfishing license suspended and was charged with 45 violations of state shellfishing regulations after he allegedly was caught selling oysters to at least two Outer Cape restaurants without having a wholesale license.

The evidence also indicates that David Paine, 57, may not have complied with regulations that protect the public from infections from the bacteria Vibrio parahaemolyticus.

Paine was arraigned in Orleans District Court on Monday on violations of state shellfishing regulations between July 2014 and June of this year. His girlfriend, Kristi Johns, 41, who is a co-owner of Paine’s aquaculture grant, was arraigned Oct. 26 on four counts of violating fisheries regulations in arranging for sales of the oysters to The Whitman House in Truro.

Neither Paine nor Johns could be reached for comment. The phone number listed to them has been disconnected.

According to a report by Massachusetts Environmental Police Officer Daniel McGonagle contained in court documents, Paine sold oysters directly to The Whitman House and The Lost Dog Pub in Orleans. McGonagle wrote in his report that on June 22, he and Environmental Police Sgt. Kevin Clayton were notified of a possible oyster violation by a state Department of Public Health inspector who was investigating The Whitman House for allegedly selling striped bass before the season opened and marketing it as pollock.

Read the full story at the Cape Cod Times

 

Rare North Atlantic right whale spotted off Gloucester, Mass.

December 1, 2015 — GLOUCESTER, Mass. — Lucky Gloucester residents got a rare glimpse of a North Atlantic right whale this week within 300 feet of the city’s rocky shoreline.

The whale sighted Sunday morning is one of only about 500 North Atlantic right whales left in existence, and though the animals regularly swim along the coast, they are seldom seen.

Researchers have confirmed that the whale spotted off Gloucester was a right whale.

“It’s one of the rarest individuals in the world, so to have this sighting is special,” said Amy Knowlton, a research scientist at the New England Aquarium. “They were hunted nearly to extinction … and they really have not recovered very quickly.”

The aquatic mammals feed on copecods, crustaceans that are abundant on Jeffreys Ledge, about 20 miles northeast of Gloucester, according to Tim Cole, a biologist with the National Oceanic and Atmospheric Administration’s Fisheries Science Center in Woods Hole.

Read the full story at the Boston Globe