Saving Seafood

American Samoa Calls On Federal Court To Dismiss Large Vessel Prohibited Area Case

May 31, 2017 — With federal defendants offering no new evidence in the Large Vessel Prohibited Area (LVPA) legal battle, the Territory of American Samoa has asked the federal court in Honolulu to dismiss defendants’ motion for reconsideration and to amend the court’s judgement.

Early this month, the federal defendants, including the US Commerce Department and US National Marine Fisheries asked the federal court to “reconsider and amend” its judgment, which was in favor of plaintiff, the Territory of American Samoa, through the Governor’s Office, or ASG.

US District Court Judge Leslie Kobayashi in March this year ruled in favor of American Samoa, saying that the NMFS’ decision in 2016 to reduce the LVPA in territorial waters is invalid and that NMFS’ adoption of the 2016 LVPA rule, which became effective on Feb. 3, 2016 “was arbitrary and capricious”.

The major focus of the plaintiff’s lawsuit centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the United States.

Kobayashi agreed with ASG saying that the court concluded that the Deeds of Cession require the United States to preserve American Samoan cultural fishing practices.

However, the federal defendants requested the court, to among other things, reconsider its judgement. See Samoa News edition May 11th on federal defendants arguments.

Read the full story at the Pacific Island Report

Louisiana proposal might extend federal red snapper season

May 25, 2017 — Louisiana wildlife officials are proposing an experiment that could someday enable private recreational fishermen to catch highly sought Gulf of Mexico red snapper any time of year in federal waters.

The federal season, designed to conserve red snapper, is usually brief. This year it runs June 1-3. Critics say the short season hurts Gulf tackle shops, marinas and other businesses catering to private anglers.

“I asked Wildlife and Fisheries to develop a program that could eventually lead to Louisiana controlling Red Snapper fishing, even in what is determined to be federal waters,” Gov. John Bel Edwards said in a Thursday news release. “This pilot program could not come soon enough as the federal government has limited anglers to just three days to fish red snapper this year.”

If the proposal is approved by federal regulators, Louisiana would choose 150 people to participate in a pilot program: They could fish in federal waters any time of the year, with an annual limit of 20 red snapper, Assistant Secretary of Wildlife and Fisheries Patrick Banks said in an interview.

Read the full story at the Bradenton Herald

New Jersey’s flounder season starts Thursday with 18-inch limit

May 26, 2017 — The state’s summer flounder season will begin Thursday as scheduled despite an Atlantic States Marine Fisheries Commission board motion Monday to not accept New Jersey’s new rules.

Recreational anglers in state waters will get to keep up to three summer flounder per day that meet the 18-inch minimum-length requirement. The season will run through Sept. 5.

The state Marine Fisheries Council last week adopted the regulations, which they believe achieve the conservation equivalency the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service requested.

“We are going forward with the regulations, because we strongly believe that we have passed regulations that meet the conservation equivalency of the Commission’s proposed quota limits,” state Department of Environmental Protection Commissioner Bob Martin said Wednesday.

Last year, anglers in the state were allowed to keep five fish at 18 inches in the ocean and four fish at 17 inches in the bay.

In February, the Atlantic States Marine Fisheries Commission approved reductions that would have limited New Jersey recreational fishermen to three fish at 19 inches in the ocean and three at 18 inches in the Delaware Bay.

Read the full story at the Press of Atlantic City

Red snapper anger directed at Obama, but Trump could solve fishing frustrations

May 15, 2017 — President Donald Trump has stressed the need to make states the “laboratories of democracy.” He calls for fewer burdensome federal regulations, and declares that it’s past time to “drain the swamp.”

All of that could be quickly coming to a head in the coastal states where he secured some of his highest vote totals during last year’s election. State and local leaders are boiling mad over what they say are excessive federal regulations when it comes to fishing in the Gulf of Mexico.

Specifically, the frustration is directed at an all-time shortened season – three days — for recreational red snapper fishing within federal waters.

The Orange Beach City Council, on Tuesday, voted unanimously to forward its concerns in a written letter to U.S. Commerce Secretary Wilbur Ross. In it, the city asks for an immediate lengthening of the recreational season to 46 days, spread over a series of three-day weekends.

The Baldwin County Commission is expected to take similar action on Tuesday.

If nothing happens between now and the first of June, city leaders and the anglers are poised to protest on June 4, the day after this year’s three-day season expires. Boaters are being encouraged to show up at scenic Perdido Pass, filling its waters, in a show of unity.

Read the full story at AL.com

PORTLAND PRESS HERALD: Catching ‘The Codfather’ should just be first step

May 15, 2017 — Two years ago, Carlos Rafael let it be known that he was ready to sell his New Bedford, Massachusetts-based fishing fleet and wholesale seafood dealership, a business that had combined assets of about $20 million.

But in a meeting with a couple of potential buyers from Russia, Rafael said the real asking price was $175 million and he assured them it would be well worth it. Pulling a ledger labeled “cash” from his desk drawer, the fishing mogul showed how he was able to falsify records to get around both tax law and fishing regulations, netting him millions of dollars in unreported income derived from systematically violating conservation limits.

But the buyers turned out to be undercover agents. And that’s how the feds finally caught up with “The Codfather.”

On March 30, Rafael pleaded guilty in federal court to a 28-count indictment that included charges of tax evasion, falsifying fishing quotas and conspiracy. He is facing up to six years in prison at his sentencing next month, but how much time he will spend behind bars is only one of the many questions that need to be resolved.

What will happen to his fishing fleet and its associated permits? Thirteen boats were connected with the indictment, and they are subject to seizure. But what about the rest of his 40-vessel fleet and wholesale business, which is still operating?

Read the full opinion piece at the Portland Press Herald

U.S. Commerce Department, Fisheries Service Ask Court To Reconsider Finding On American Samoa Large Vessel Protection Area Case

May 12, 2017 — By holding that the Deeds of Cession require the United States to preserve American Samoan cultural fishing, the federal court created a new requirement that National Marine Fisheries Service’s fishing regulations protect “cultural fishing practices” in the U.S. Exclusive Economic Zone (EEZ) around American Samoa, according to federal defendants in the large vessel prohibited area (LVPA) lawsuit.

The federal defendants, including the US Commerce Department and NMFS, made the argument in its 99-page motion and support documents filed yesterday with the Honolulu federal court, which was requested to “reconsider and amend” its judgment “with respect to two issues — standing and remedy.”

Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG.

US District Court Judge Leslie Kobayashi in March this year ruled in favor of American Samoa, saying that the NMFS’ decision in 2016 to reduce the LVPA in territorial waters is invalid and that NMFS’ adoption of the 2016 LVPA rule, which became effective on Feb. 3, 2016 “was arbitrary and capricious”.

The major focus of the plaintiff’s lawsuit centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the United States.

Read the full story at Pacific Islands Report 

Gulf shrimp season ends Monday

May 11, 2016 — The Gulf of Mexico commercial shrimp season for both Texas and federal waters ends 30 minutes after sunset Monday, May 15.

The closure happens every year and typically will go until July 15, although the Texas Parks and Wildlife Department have discretion in setting the reopening date based on sound biological data.

The data includes mean lengths of the shrimp and percent of shrimp in samples caught using a bag seine as well as ebb tidal flow.

The Texas closure applies to Gulf waters from the coast out 9 nautical miles.

The National Marine Fisheries Service has announced federal waters out to 200 nautical miles also will be closed to shrimping to conform to the Texas closure.

This year, officials hope the closure will give brown shrimp, which dominate the spring season, time to grow to 112 millimeters in length.

They were measured at 55 millimeters in length in April, said Mark Fisher, science director at the Texas Parks and Wildlife Department.

The average catch this season was 1,235 shrimp per hectare. One hectare is 2.47 acres. This is below the 20-year average of 1,319 shrimp per hectare.

Fisher said shrimp are less valuable today than they were 20 years ago.

“Shrimp prices are low because the market is dominated by imported, farm-raised shrimp.

Read the full article at the Victoria Advocate 

Trump administration moves to protect endangered sharks

May 10, 2017 — The Trump administration is adding new shark species to the Endangered Species List.

The National Marine Fisheries Service (NMFS) said Tuesday it will add daggernose sharks, striped smooth-hound sharks, spiny angel sharks and Argentine angel sharks to the list.

The NMFS is also moving to list Brazilian guitarfish as endangered species, while the narrownose smooth-hound shark will be listed as a threatened species, according to the agency.

Though the NMFS is moving to protect these sharks and guitarfish, the agency cannot designate a critical habitat, which would serve as somewhat of a “safe zone,” because the endangered and threatened populations of these species live outside of U.S. jurisdiction.

The shark and guitarfish protections stem from a 2013 petition from WildEarth Guardians. Two years later, the Obama administration proposed to add these species to the Endangered Species List.

Read the full story at The Hill

ALABAMA: Orange Beach blasts red snapper restrictions: ‘Detrimental to our economic interest’

May 10, 2017 — The Orange Beach City Council endorsed a plea to federal officials on Tuesday for an immediate lengthening of the 2017 red snapper season that’s presently capped at a shortest-ever three days.

The council’s vote took place during a special meeting and after two city leaders — City Councilman Jeff Boyd and Mayor Tony Kennon – criticized the federal involvement in limiting a recreational activity that they claim is responsible for “hundreds of millions of dollars” in annual economic activity in coastal Alabama.

“This is detrimental to our economic interest and well-being of our citizens,” said Kennon.

Added Boyd: “Guests are canceling reservations, people are not purchasing boats, not buying second homes … they see no hope in the future of Gulf of Mexico fishing.”

Read the full story at AL.com

NMFS OKs new electronic fisheries monitoring system

May 10, 2017 — The Pacific Fishery Management Council on April 27 recommended new regulations governing the use of electronic equipment to monitor at-sea discards of target, non-target and prohibited fish for certain West Coast groundfish fisheries. If approved by National Marine Fisheries Service (NMFS), this will mark the culmination of a four-year process to develop and implement regulations for electronic monitoring system use in these fisheries.

“For many fishing operations, electronic monitoring will provide a more cost-effective way to meet 100 percent monitoring requirements. This will allow fishermen the flexibility to choose the monitoring method that makes the most sense for them while maintaining full accountability,” Council Member Dorothy Lowman said in a press release.

Under the council’s catch share program, every vessel must carry a human observer to help monitor catch that is allocated to each vessel owner, including discards that happen at sea. Each owner has a share of the total catch allocation and the program requires that each vessel have “quota pounds” to cover its catch of nearly all groundfish species. The catch share program relies on at-sea monitoring to ensure that discards are accurately identified with an estimated weight so that vessel quotas are properly tracked.

However, fishermen must pay as much as $500 per day for an observer, and must schedule deployment of an observer when a vessel is ready to fish. The electronic monitoring program is expected to increase flexibility while reducing operating costs for fishermen.

An electronic monitoring system collects video images of fishing activity with cameras, uses gear sensors to trigger recording and monitor use, and includes a Global Positioning System to collect location data. It then stores this information on a computer hard drive for review at a later date at a mainland facility, where a person reviews the video to monitor the fishing activity. Under the West Coast electronic monitoring program, the video images will be used to verify the species and amount of discarded fish that is recorded in a fisherman’s logbook.

Read the full story at The Daily Astorian