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Florida Fishermen’s Group Sues Over 40% Cut in 2018 Golden Tilefish Allocation

December 6, 2017 — SEAFOOD NEWS — Florida fishermen are fighting an emergency ruling that would impose a 40% reduction in allowable golden tilefish harvests in 2018.

On November 29 the Southeastern Fisheries Association’s East Coast Fisheries Section (SFA-ECFS) filed the suit, which alleges that the National Marine Fisheries Service (NMFS) “committed procedural and substantive violations of federal fisheries and administrative law.” The organization claims that NMFS used “flawed scientific methods” in their 2016 golden tilefish assessment.

“This was supposed to be a simple update – adding new data to the stock assessment model that was thoroughly vetted and peer-reviewed,” SFA-ECFS fisheries consultant Russell Hudson said in a press release. “Instead, NMFS made major model changes behind closed doors without required scientific, industry expert and public oversight required when such changes occur.”

NMFS’ 2016 golden tilefish assessment found overfishing. However, Hudson added that overfishing was not discovered using the original SEDAR 25 peer-reviewed model. The golden tilefish assessment for 2017, which was conducted in October, used “new ‘best’ methodology identified by NMFS.” SFA-ACFS says that the assessment “failed to produce any scientifically useful results.”

The government has 45 days to answer or seek dismissal.

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

 

Feds taking final comments on new ocean habitat plan

December 4, 2017 — PORTLAND, Maine — The federal government is closing the public comment period on a plan to change the way it manages ocean habitat off of New England.

The National Marine Fisheries Service is looking to change the way it manages the Gulf of Maine, Georges Bank and southern New England waters. The three areas are critical for commercial fishing operations and marine animals such as whales and dolphins.

Read the full story from the Associated Press at the New Haven Register

 

Southeastern Fisheries Association’s East Coast Fisheries Section Sues Over 40 Percent Cut in Golden Tilefish Allocation for 2018

December 4, 2017 — ORLANDO, Fla. — The following was released by the Southeastern Fisheries Association: 

Fishermen of Florida filed suit in Federal District Court in Washington, D.C. over an emergency rule imposing a forty percent reduction in allowable golden tilefish harvests next year. The suit alleges that the National Marine Fisheries Service (NMFS) committed procedural and substantive violations of federal fisheries and administrative law.

The suit, filed on November 29, was brought by the Southeastern Fisheries Association’s East Coast Fisheries Section (SFA-ECFS). The SFA is an advocacy group for fishermen that has represented harvesters, dealers, and processors participating in Gulf of Mexico and South Atlantic regional fisheries for more than 60 years.

The rule being challenged was requested by the South Atlantic Fishery Management Council in June because it faced a looming 2018 deadline to end overfishing identified in a controversial 2016 golden tilefish assessment. Under federal law, fishery managers have two years from such a finding to adopt measures to end overfishing.

The suit alleges the 2016 assessment, which found overfishing and triggered the events leading up to the emergency rule, used flawed scientific methods that never should have been introduced. “This was supposed to be a simple update – adding new data to the stock assessment model that was thoroughly vetted and peer-reviewed,” said SFA-ECFS fisheries consultant Russell Hudson. “Instead, NMFS made major model changes behind closed doors without required scientific, industry expert, and public oversight required when such changes occur.” He also noted that the assessment runs using the original SEDAR 25 peer-reviewed model did not find overfishing.

According to the complaint, the use of emergency procedures to adopt the rule was also flawed. It alleges that NMFS failed to make a finding that there was “good cause” to waive the regular process of seeking public comment before making a rule final, a step skipped with the golden tilefish rule. It alleges that there was ample time between the Council’s June request for interim measures and the start of the 2018 golden tilefish fishing year to go through normal notice-and-comment rule making.

The 2016 “update” assessment that found overfishing has been subject to significant debate and criticism not only by the industry, but also by Council members and some of its scientific advisors. The biggest change it introduced was the use of a statistical methodology meant to account for potential bias. Since its use was accepted by the Council’s panel of experts on its Scientific and Statistical Committee, NMFS said that method had been superseded by another approach. The head of NMFS Beaufort Lab, which oversaw the assessment, Dr. Erik Williams, called this an “evolving” field of research.

In light of the questions raised about the 2016 update, the Council took the unusual step of asking for a revised update to the golden tilefish assessment to be conducted this year using the new “best” methodology identified by NMFS. That new assessment, conducted in October, failed to produce any scientifically useful results.

“While NMFS keeps focusing on this one issue it can’t seem to get right, the industry is concerned about a whole host of other changes that never should have been made in the 2016 assessment,” said Jimmy Hull, who heads SFA-ECFS. “An update is supposed to be a simple plug-and-play exercise. Instead, a small group of scientists incorporated a bunch of assumptions that don’t fit the real world. That wouldn’t have happened in a more thorough and open process.”

Shaun Gehan, an SFA attorney who brought the case, said that this is a matter that should be settled. “Both the industry and the Council believe there is no justification for the cuts made in the interim rule,” he said. “What should happen is that the SSC should be asked if the model runs that used the peer-reviewed model are the ‘best scientific information available.’ That would lift the overfishing finding and allow the Council to take measured steps without a legal hammer hanging over its head.”

Once the government is served with the suit, it has 45 days to answer or seek dismissal.

Learn more about the SFA by visiting their site here.

 

Alaska’s seafood marketing agency expands its reach

December 1, 2017 — On a domestic and international scale, the Alaska Seafood Marketing Institute expanded its reach over the past year to promote domestic and overseas sales of wild Alaska seafood, and educate the industry on seafood technical issues.

In presentations Nov. 28, at the start of ASMI’s three-day All Hands meeting in Anchorage, some 200 participants heard progress reports on these and other related issues, including ASMI’s sustainability program.

Fisheries market researcher Andy Wick, presenting for the McDowell Group in Juneau, noted that the cumulative first wholesale value of wild Alaska seafood from 1959 through 2016 totaled $170 billion, equal to the value of all major professional sports teams in North America.

Eighty percent of the state’s commercial seafood harvests from 2011 through 2015 was in high volume groundfish, including Pollock and cod, while salmon garnered on average 15 percent of the catch, halibut and black cod 1 percent, and crab 1 percent.

Read the full story at the Cordova Times

 

Rafael Arrest Shines Light on Fishing System

December 1, 2017 — Dozens of New Bedford-based commercial fishing boats were ordered to stop fishing last week in the wake of the federal prosecution of fishing magnate Carlos Rafael, known as The Codfather, who pleaded guilty to tax evasion, cash smuggling, and falsifying records and misidentifying and mislabeling fish to avoid fishing quotas.

Members of the dwindling Vineyard fishing community who have been watching the proceedings say the tale is a sad commentary on the state of the industry and highlights flaws in its regulation.

“It’s a symptom of poor policy,” said Wes Brighton, a Vineyard fisherman and one of the only Islanders to hold a federal commercial groundfishing permit. Mr. Brighton fishes for lobster, conch, monkfish, and some cod from his boat Martha Elizabeth.

The system creates an imbalance, he said, giving independently-owned family fishing businesses little access to the fisheries and allowing larger corporations the ability to consolidate fishing permits and quota.

Mr. Rafael was arrested and charged in February 2016 after an undercover investigation. According to the government, federal agents posed as organized crime figures interested in buying his fishing business. For about four years, the Department of Justice said, Mr. Rafael lied to the government about the quantity and species of fish his boats in an effort to evade the strict federal quotas that are designed to protect the sustainability of certain fish species.

Read the full story at the Vineyard Gazette

 

Alaska: As council looks to public for Cook Inlet salmon plan, UCIDA stays wary

November 30, 2017 — The North Pacific Fishery Management Council is looking for input from Cook Inlet fishermen on how it should develop a management plan for the area’s salmon fisheries.

The federal council, which regulates fisheries in the federal waters between 3 and 200 nautical miles offshore, is currently working on an amendment to the fishery management plan for Cook Inlet’s salmon fisheries. The process is likely to take multiple years of meetings and the council members decided to form a Salmon Committee that includes stakeholders in the fishery to keep the public in the loop on it.

Specifically, the council members are looking for ideas from the public on how the committee will work, according an announcement sent out Tuesday. That can include any fishermen on the salmon stocks of Cook Inlet.

“To develop a scope of work for the Salmon Committee, the council is soliciting written proposals from the public to help the council identify specific, required, conservation and management measures for the Salmon Committee to evaluate relevant to the development of options for a fishery management plan amendment,” the announcement states.

Read the full story at the Peninsula Clarion

 

SCeMFiS Announces Funding for Two Research Projects Impacting Fisheries Management

November 27, 2017 — CAPE MAY, N.J. — The following was released by the Science Center for Marine Fisheries:

The Industry Advisory Board (IAB) of the Science Center for Marine Fisheries (SCeMFiS) has allocated $26,467 in funding for two research projects during the Fall IAB Meeting held October 31-November 1, 2017 in Cape May, New Jersey. The awards span the broad mission of the SCeMFiS and include research on marine mammals and continued funding for the omnibus stock assessment proposal for Atlantic herring.

Funded projects are as follows:

  • Independent Advisory Team for Marine Mammal Assessments – Phase V – this team addresses uncertainties in slow growing marine mammal populations and the interactions between marine mammals and fishing operations. PI: Paula Moreno, USM
  • Stock Assessment Team – stock assessment teams provide external support to NMFS for benchmark assessment working groups with a focus in 2018 on the Atlantic herring. PI: Steve Cadrin, UMass Dartmouth

This fall marked a trend to include industry sponsorship of social events and hold meetings close to prospective new members in an effort to attract and showcase research projects. The Cape May oceanfront provided a beautiful venue for the Fall IAB Meeting. Lund’s Fisheries Inc. and Atlantic Capes Fisheries, Inc. graciously provided food, beverages and evening social events on the Cape May Whale Watcher as well as Cold Spring Village/Brewery and The Grange Restaurant.

Jeff Reichle, President of Lund’s Fisheries, Inc. commented, “It was an honor to host the Fall IAB Meeting of SCeMFiS in the port of Cape May. The fishing industry in New Jersey, both commercial and recreational, has a huge impact on our coastal communities and we are very pleased to be part of this science based organization focused on cooperative research with NMFS and other fisheries management bodies to ensure that we have healthy, sustainable fisheries now and in the future.”

The Industry Advisory Board of the Science Center for Marine Fisheries (SCeMFiS), supported by the National Science Foundation I/UCRC Program, provides research related to major challenges in fisheries management and brings participants from industry, government, and other organizations in need of science-based solutions into contact with academic scientists capable of providing that expertise.

The SCeMFiS Industry Advisory Board is composed of members from the shellfish and commercial finfish industries and the NMFS-Northeast Fisheries Science Center. The organizational structure provided by the Center permits members to control the science agenda in exchange for financial support under the sponsorship of the NSF.

For a list of the SCeMFiS research projects already underway, please click the following link, http://scemfis.org/research.html. The Industry Advisory Board will review each of its funded projects at its next meeting to be held April 24 & 25 in Ocean Springs, Mississippi.

 

Bristol Bay red king crab quota caught

November 24, 2017 — The Bristol Bay red king crab season finished up last week when the entire allowable catch was harvested.

“The Bristol Bay Red King Crab fishery went fairly well,” said Miranda Westphal, the area management biologist for the Alaska Department of Fish and Game in Dutch Harbor. “A little slower than we would like to have seen, but they wrapped up with a total catch of 6.59 million pounds. So they caught all of the catch that was available for the season.”

Before the season opened on October 15, ADF&G and the National Marine Fisheries Service completed an analysis of the 2017 NMFS trawl survey results for Bristol Bay red king crab.

Read the full story at KDLG

 

Plan to change New England ocean stewardship up for debate

November 24, 2017 — The federal government is close to enacting new rules about New England ocean habitat that could mean dramatic changes for the way it manages the marine environment and fisheries.

The National Marine Fisheries Service has been working on the rules for some 13 years and recently made them public. They would change the way the government manages the Gulf of Maine, Georges Bank and southern New England waters, which are critical pieces of ocean for rare whales, unique underwater canyons and commercial fishermen.

The new rules would affect the way highly valuable species such as scallops and haddock are harvested, in part because it would alter protections that prohibit fishing for species in parts of the ocean. The proposal states that its goal is to minimize “adverse effects of fishing on essential fish habitat.”

Read the full story from the Associated Press at ABC News

 

New England Council Supports Regional Administrator’s Action to Enforce Groundfish Sector IX Operations Plan

November 21, 2017 — The following was released by the New England Fisheries Management Council:

The New England Fishery Management Council supports today’s announcement by the National Marine Fisheries Service’s (NMFS) Greater Atlantic Regional Fisheries Office (GARFO) that it will be enforcing groundfish sector rules and the Northeast Fishery Sector IX operations plan.

Under Amendment 16 to the Council’s groundfish plan, GARFO’s regional administrator has authority to withdraw approval of a sector at any time he or she, after consulting with the New England Council, determines that: (1) sector participants are not complying with the requirements of an approved operations plan; or (2) “continuation of the operations plan will undermine achievement of fishing mortality objectives” of the Northeast Multispecies Fishery Management Plan.

Regional Administrator Bullard consulted with the Council on two occasions – first during the Council’s June meeting in Portland, ME and then again during the September meeting in Gloucester, MA. On September 27, the Council voted to request that “GARFO immediately enforce sector regulations and the Sector IX operations plan.”

“We asked them to enforce the rule, and that’s what they’re doing,” said Council Executive Director Tom Nies. “Since 2004, the Council has emphasized repeatedly that sectors are responsible for monitoring their catch and enforcing sector provisions. Sector IX failed to comply with its own enforcement provisions when its president admitted to reporting violations.”

NMFS published an interim final rule on April 28, 2017 stating it had “provisionally approved” the Sector IX operations plan for 2017 and 2018, along with the annual catch entitlement (ACE) allocated to the sector for 2017.

Carlos Rafael, who was president of the sector at that time, pleaded guilty on March 30 to falsely reporting catch information for 13 vessels operating under the sector. However, since the Rafael case was under litigation when NMFS published the interim final rule approving all of the region’s 19 sectors and their operations plans, the agency stated its intention to take “additional action” if warranted for Sector IX following settlement of Rafael’s criminal case.

Rafael was sentenced September 25 in U.S. District Court in Boston to 46 months in prison, three years of supervised release, and fines. On October 11, he was further ordered to forfeit his interests in four vessels and their associated permits.

GARFO’s announcement today withdrawing approval of the Sector IX operations plans means that vessels enrolled in Sector IX are prohibited from: (1) fishing on a sector trip and harvesting sector ACE; (2) fishing on a common pool trip; or (3) joining another sector.

However, the action does not reallocate the ACE to other sectors or to the common pool. NMFS is continuing to analyze the extent of the sector’s ACE overages based on the misreporting of catch information for several stocks. The agency stated, “Any accountability measures, such as assessing and deducting ACE overages incurred by the sector, (will) be determined in a future action.”

“For the future success of the sector system, fishermen and the public must be confident that sectors will adhere to management provisions.”

– New England Fishery Management Council in a September 29, 2017 letter to GARFO Regional Administrator John Bullard seeking immediate enforcement of sector regulations and the Sector IX operations plan

Learn more about the NEFMC by visiting their site here.

 

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