Saving Seafood

Dave Goethel takes case to US Supreme Court

July 13, 2017 — After losing a lawsuit alleging a federal agency has imposed unfair regulations, Hampton fisherman David Goethel is taking his case to the U.S. Supreme Court.

Cause of Action Institute, which is representing Goethel and a group of other fishermen pro bono, filed a petition to be taken up by the Supreme Court Tuesday. The suit was originally filed in U.S. District Court against the National Oceanic and Atmospheric Administration and U.S. Department of Commerce in 2015. It alleges NOAA unfairly requires commercial groundfishermen to fund at-sea monitors to join them on fishing trips and observe their compliance with regulations. Groundfish include popular New England fishing species like cod and haddock.

A First U.S. Circuit Court of Appeals panel in Boston affirmed a ruling in favor of NOAA and the DOC this spring. According to Cause of Action’s petition, the lower court erred in dismissing the case based on the original suit being filed well after a 30-day deadline for challenging the regulation. Cause of Action is arguing the ruling prevented the court from addressing the merits of the suit’s argument – that fishermen believe it is unconstitutional for the government to force an industry to pay for its own policing.

Read the full story at the Portsmouth Herald

US bars people from disentangling whales after Canadian’s death

July 13, 2017 — U.S. officials are temporarily barring anyone from approaching an entangled whale after a Canadian fisherman was killed trying to free one in the Gulf of St. Lawrence.

Joe Howlett, a fisherman from Campobello, was struck by a North Atlantic right whale on July 10, moments after he and other responders had freed it from fishing gear near Shippagan, New Brunswick, on the province’s northeast coast.

“Because ensuring the safety of responders is of paramount importance, NOAA Fisheries is suspending all large whale entanglement response activities nationally until further notice, in order to review our own emergency response protocols in light of this event,” said Chris Oliver, assistant administrator for the fisheries division of National Oceanic and Atmospheric Administration.

Marine mammals are protected under federal law, which means it is illegal to harass or harm them. Exceptions are made for properly trained people who are pre-approved by NOAA to respond to entanglements or strandings. By suspending entanglement responses, NOAA temporarily is banning anyone from approaching or trying to free an entangled whale.

Disentanglement efforts have been intense this past month in the Gulf of St. Lawrence, which is ringed by five Canadian provinces, as seven North Atlantic right whales have been found dead in the gulf over the past several weeks. The causes of death for each one have not been determined. Researchers estimate that the critically endangered species has a population of only roughly 500 individual whales.

NOAA Fisheries and its partner agencies will continue to respond to all other reported stranding of marine mammals in distress, but Oliver emphasized that those efforts are technically challenging and should be attempted only by trained experts.

Read the full story at the Bangor Daily News

NEW JERSEY: Rep. LoBiondo Applauds Decision on Summer Flounder

July 13, 2017 — After months of fighting against proposed reductions on summer flounder harvest limits for New Jersey commercial and recreational fishermen, U.S. Representative Frank A. LoBiondo (NJ-02) applauded U.S. Commerce Secretary Wilbur Ross’ decision late last night to accept New Jersey’s management plan.

“Commerce Secretary Ross’ decision to adopt New Jersey’s conservation equivalency plan for summer flounder signals a win-win for our fishing industry and conservation efforts,” said LoBiondo. “For months I have argued that NOAA and ASMFC were flawed in their data and decision-making process, creating a significant and arbitrary disadvantage to New Jersey fishermen. Going forward we must reform the use of questionable methodologies and outdated science by federal bureaucrats that, left unchecked, will again threaten fishing operations in South Jersey. I will continue to work with my colleagues and Commerce Secretary Ross to protect the critical fishing industry in South Jersey as well as the summer flounder stocks.”

Earlier this month LoBiondo joined with fellow New Jersey Representative Chris Smith (NJ-04) and other members of the Congressional delegation to urge delaying 2017-2018 restrictions on New Jersey fishermen proposed by the Atlantic States Marine Fisheries Commission (ASMFC).

The letter requested Commerce Secretary Ross consider the management plan proposed by the state of New Jersey, and urged him to, “work administratively with the State of New Jersey to approve, implement and enforce New Jersey’s 2017 Summer Flounder regulations.” The full letter is available here.

Read the full story at the Cape May County Herald

ABOUT THE U.S. SEAFOOD IMPORT MONITORING PROGRAM

July 13, 2017 — The following was released by the National Ocean Council Committee on IUU Fishing and Seafood Fraud:

The Seafood Import Monitoring Program establishes for imports of certain seafood products, the reporting and recordkeeping requirements needed to prevent illegal, unreported and unregulated (IUU)-caught and/or misrepresented seafood from entering U.S. commerce, thereby providing additional protections for our national economy, global food security and the sustainability of our shared ocean resources. NOAA Fisheries published the final rule establishing the Seafood Import Monitoring Program (SIMP) on December 9, 2016.   This is thefirst-phase of a risk-based traceability program—requiring the importer of record to provide and report key data—from the point of harvest to the point of entry into U.S. commerce—on an initial list of imported fish and fish products identified as particularly vulnerable to IUU fishing and/or seafood fraud.  January 1, 2018 is the mandatory compliance date for this rule.

Upcoming Public Meetings

Tuesday, July 18, 2017 – 10:00 AM PDT
DoubleTree Suites by Hilton Seattle Airport / Southcenter, Seattle, Washington
 
Thursday, July 20, 2017 10:00 AM EDT
Renaissance Newark Airport Hotel, Newark, NJ
 
Tuesday, July 25, 2017 10:00 AM EDT
Hilton Miami Airport, Miami, Florida

To view transcripts and/or recordings of previous meetings, please click here.

Overview of the Final Rule

  • The final rule reflects and responds to numerous public comments and campaign messages received on the proposed rule and underscores NOAA Fisheries’ extensive efforts to establish an effective program that minimizes the burden of compliance on industry while providing the necessary information to identify illegal and/or misrepresented seafood imports before they enter the U.S. market.
  • The Seafood Import Monitoring Program establishes permitting, data reporting and recordkeeping requirements for the importation of certain priority fish and fish products that have been identified as being particularly vulnerable to IUU fishing and/or seafood fraud.
  • The data collected will allow these priority species of seafood to be traced from the point of entry into U.S. commerce back to the point of harvest or production to verify whether it was lawfully harvested or produced.
  • The collection of catch and landing documentation for these priority seafood species will be accomplished through the International Trade Data System (ITDS), the U.S. government’s single data portal for all import and export reporting.
  • The Seafood Import Monitoring Program is not a labeling program, nor is it consumer facing. In keeping with the Magnuson-Stevens Act authority (under which the regulatory program has been promulgated) and the strict information security of the ITDS–the information collected under this program is confidential.
  • The importer of record will be required to keep records regarding the chain of custody of the fish or fish product from harvest to point of entry into U.S.

Read the full release here

NEW BEDFORD STANDARD-TIMES: Under-loved fish need a home right here

July 12, 2017 — A recent report from the social policy researchers at NOAA’s Northeast Fisheries Science Center in Woods Hole shed some light on what happens to local fish after its caught by commercial fishermen.

The report is part of ongoing research, and has yet to be finalized in an academic paper, but the first findings indicate that most of the groundfish landed in NOAA’s Northeast region is sold and consumed locally. And it’s no surprise that most of the scallops landed are shipped around the country and the world.

Trucks carry much of the groundfish landed between Maryland and Maine, hauling along the coast and inland for 75 or 100 miles. Some is frozen and shipped far away, but the fish we buy locally is frequently locally caught.

Cod, haddock, pollock and different flounders find their way into local restaurants, fish markets and grocery stores, then onto local plates.

The local consumption of this groundfish is a function of the difficulty of NOAA Fisheries’ management of the multispecies fishery that includes about 20 different species. The complex interplay between abundant and scarce species that intermingle has thwarted attempts to harvest the Total Allowable Catch of the abundant species and confounded attempts to avoid the scarce ones. Groundfish landings today are a shadow of those from the early 1980s.

Even as traditional regional species have become harder to harvest, new species have moved into warming state and federal waters managed by the Northeast Fisheries Management Council, which is the management arm of federal fisheries management in this region. Skate and spiny dogfish have become the abundant species, and their harvest is less complicated than those from among the traditional groundfish stocks. But skate wings don’t get the price at the dock of those other species. Last Friday at the local seafood auction, skate wings fetched 30 cents a pound; flounder, cod and haddock were all paying 5 to 10 times that at the dock, some 20 times more.

Read the full story at the New Bedford Standard-Times

NOAA Fisheries Greater Atlantic Regional Administrator Announces Retirement

July 12, 2017 — The following was released by NOAA:

NOAA Fisheries Greater Atlantic Regional Administrator John Bullard today formally announced he will retire on January 5, 2018. Bullard, who took the top job in the agency’s Gloucester-based office in 2012, will leave a legacy of improved relationships with the regulated community, the research community, environmentalists, local, state, and federal officials and agency partners, including the New England and the Mid-Atlantic fishery management councils and the Atlantic States Marine Fisheries Commission.

As the regional administrator responsible for leading the agency’s approach to fisheries, habitat, sea turtle, and marine mammal issues from Maine to North Carolina as well as the Great Lakes region, Bullard also provided a much-needed conduit helping the regulated communities understand the critical role of science in informing management decisions.

“As the former Mayor of New Bedford, Bullard brought with him a unique connection to the fishing industry, and used that connection to improve communication with all aspects of the industry and Congress during a very challenging period for the agency,” said Sam Rauch, NOAA Fisheries Deputy Assistant Administrator for Regulatory Programs.

As Regional Administrator, Bullard worked with the fishery management councils and the commission to manage 44 fish stocks, including two, scallops and lobster, worth more than $500 million each.

During his tenure, he faced the daunting New England groundfish crisis. Bullard met the challenge head on, making the tough and unpopular decision to impose emergency closures when the New England Council failed to act.

“I know how difficult these issues are, and I tried to tackle them with courage and compassion,” says Bullard.

Bullard worked with Congress and state directors to deliver $32.8 million in disaster assistance to affected fishing families and communities. In close collaboration with the New England Council, Bullard then put quotas and closures in place to protect cod and other depleted fish stocks.

“We wish John well,” said New England Council Executive Director Tom Nies. “He is always willing to work with the council to find management solutions and empowers those around him to actively participate in the process, which is one of his key accomplishments. That may go unnoticed by many, but it is one of the reasons our council has been able to complete so many management actions during his tenure.”

Bullard’s leadership in protecting living marine resources included removing approximately 30,000 miles of rope from Atlantic coastal waters to reduce whale entanglements and expanding critical habitat for North Atlantic right whales in the region by more than 25,000 nautical miles. He also oversaw development of a strategy to restore river herring populations, imposed catch caps on mackerel and herring fisheries, and removed dams and created fish passages to double fish runs in key Maine, New Hampshire, and Massachusetts rivers.

“For me, John is an example of public service and more importantly, an example of working with stakeholders to have a positive impact on tough issues,” said Dr. Jon Hare, science and research director at NOAA’s Northeast Fisheries Science Center. “I will miss working with him and am thankful for his time as regional administrator.”

Bullard strongly supported groundbreaking actions created to bolster the Mid-Atlantic region’s important recreational and commercial fisheries. In 2016, he approved the Mid-Atlantic Council’s deep-sea coral amendment that protects 15 deep-sea canyons and a total area of 24 million acres, about the size of Virginia, where fragile, slow-growing corals live. These hotspots of biodiversity provide important habitat, refuge, and prey for fish and other marine life. Bullard has also advanced an action to protect small schooling fish, also known as forage fish, which serve as prey for larger fish, marine mammals, and sea birds. This would be the first ever action on the Atlantic coast to designate forage fish as important parts of the ecosystem and provide protection for them.

“Throughout his tenure as regional administrator, John has been an engaged and dedicated participant in the council process, and he has played an important role in increasing focus on the Mid-Atlantic portion of the Greater Atlantic Region,” said Chris Moore, executive director of the Mid-Atlantic Fishery Management Council. “His insight and leadership have been especially valuable to the Mid-Atlantic Council during the development of several new initiatives such as the Deep Sea Corals Amendment, the Unmanaged Forage Fish Amendment, and the development of an ecosystem approach to fisheries management.”

Bullard also led the charge to modernize access and sharing of fishery dependent data in cooperation with the Northeast Fisheries Science Center, the fishing industry, the councils and the Atlantic Coastal Cooperative Statistics Program. He championed electronic monitoring pilot projects on fishing vessels with partners in the industry and environmental non-government organizations to increase coverage and improve the data on which our science is based.

“It’s been an honor and pleasure to work with John. He has been a strong supporter of state/federal cooperation in the management of our shared marine resources,” said Bob Beal, executive director of the Atlantic States Marine Fisheries Commission. “We are grateful for his contributions to sustainable management and wish him the very best.”

“I’m really proud of the work I’ve done with the GARFO team. They are intelligent, hard-working, and caring professionals, and I rely on them every day to make me smart on the many issues we face,” said Bullard, who has no plans to slow down before he leaves. “There is work left to do before I leave—very important work. Still on my list are the Omnibus Habitat Amendment, the New England Council’s Deep Sea Coral Amendment, some critical dam removals, electronic monitoring, the Carlos Rafael situation, the summer flounder crisis, and the continuing groundfish challenge, among others.”

However, once he does bid the agency goodbye, he plans to literally sail into the sunset, provided the weather is warm enough!

The agency will launch a search for Bullard’s replacement within the next several months.

Read the full release here

Atlantic Region Increased Large Coastal Shark Retention Limit to 36 Sharks per Trip and Regulation Reminders

July 12, 2017 — The following was released by NOAA:

The National Marine Fisheries Service (NOAA Fisheries) is increasing the retention limit for the commercial aggregated large coastal shark (LCS) and hammerhead shark management groups for directed shark limited access permit holders in the Atlantic region from 3 to 36 LCS other than sandbar sharks per vessel per trip as of July 16, 2017.  This adjustment is intended to promote equitable fishing opportunities in the Atlantic region, while allowing quota to be harvested throughout the year.  All other retention limits and shark fisheries remain unchanged in the Atlantic region.

The retention limit will remain at 36 LCS other than sandbar sharks per vessel per trip in the Atlantic region through the rest of the 2017 fishing season or until NOAA Fisheries announces via a notice in the Federal Register another adjustment to the retention limit or a fishery closure.  This retention limit adjustment affects anyone with a directed shark limited access permit fishing for LCS in the Atlantic region.

NOAA Fisheries wants to remind commercial shark fishermen of the following regulations:

  • Sharks must be landed with fins naturally attached, including dorsal, pectoral, pelvic, anal, and caudal fins (§635.30(c)(1)).
  • While on a vessel, the head and viscera of the shark may be removed, but the backbone cannot be removed, and the shark cannot be halved, quartered, filleted, or otherwise reduced (§635.30(c)(2)).  Additionally, once landed and offloaded, sharks that have been halved, quartered, filleted, cut up, or reduced in any manner may not be brought back on board a vessel (§635.30(c)(3)).  In other words, sharks cannot be cut up to be used as bait.
  • All federal permit holders must land sharks to federally-permitted dealers (§635.31(c)(1)).
  • All sharks that are not being retained must be released in the water in a manner that maximizes survival (§635.24(a)(6)).

This notice is a courtesy to the HMS fishery participants to help keep you informed about the fishery.  For further information on this retention limit adjustment, contact Lauren Latchford, Guý DuBeck, or Karyl Brewster-Geisz at 301-427-8503. The information will also be posted on the HMS website at: http://www.nmfs.noaa.gov/sfa/hms/species/sharks/news/shark_news_2017.html.

NOAA Fisheries Announces Monkfish Quotas for 2017 to 2019

July 11, 2017 — The following was released by NOAA:

NOAA Fisheries announces monkfish quotas for the fishing years 2017 through 2019 (May 1, 2017 through April 30, 2020).

This action also approves possession limit and days-at-sea (DAS) increases for limited access monkfish permit holders.

Northern Fishery Management Area

We are increasing the monkfish quota in the Northern Fishery Management Area by about 8 percent. Incidental landing limits for vessels fishing on a groundfish DAS would also increase:

  • Category C: from 600 to 900 lb tail weight/DAS
  • Category D: from 500 to 750 lb tail weight/DAS 

Southern Fishery Management Area

We are increasing the monkfish quota in the Southern Fishery Management Area by approximately 1 percent. Fishermen can now fish five more DAS in the Southern area; an increase from 32 to 37 DAS. Southern Area trip limits also increase for limited access vessels:

  • Category A and C: from 610 to 700 lb tail weight/DAS
  • Category B and D: from 500 to 575 lb tail weight/DAS

These management measures are designed to increase monkfish landings, provide operational flexibility, and increase economic efficiency.

To get all the details on these management changes, read the final rule as filed in the Federal Register today, supplemental documents, and the permit holder bulletinposted on our website. 

Questions? Contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov

Call for Summer Flounder Stock Assessment Workshop Working Group Members

July 10, 2017 — The following was released by NOAA:

NOAA’s Northeast Fisheries Science Center seeks Stock Assessment Workshop (SAW) Working Group applicants for the upcoming summer flounder stock assessment, scheduled for peer review in 2018. Our goal is to create the most capable and balanced Working Group possible to carry out this stock assessment and produce high quality science products.

The Northeast Region Coordinating Council (NRCC) recently developed written guidelines for SAW Working Group formation and membership. With the exception of the Working Group Chair and lead stock assessment scientist, candidates for SAW Working Groups need to fill out a short questionnaire. The completed questionnaires will then be reviewed by the SAW Working Group Chair and the SAW Chair, followed by a higher-level NRCC decision committee. 

Application Instructions

Applicants should complete the questionnaire and email to Sheena Steiner at sheena.steiner@noaa.gov by August 3, 2017. Applicants may also mail the completed document to Sheena c/o NEFSC, 166 Water Street, Woods Hole, MA 02543. Applicants will receive an email confirmation once the questionnaire has been submitted. 

Timeline

  • Questionnaire available to public: July 6, 2017
  • Completed questionnaires due back to the NEFSC: August 3, 2017
  • Short lists selected for SAW Working Groups: August 15, 2017
  • All questionnaires and short lists delivered to NRCC Selection Committee:  August 18, 2017 (target date)
  • NRCC decisions due to NEFSC: August 28, 2017 (target date)
  • Public Announcement of Decisions: August 30, 2017 (target date)

Questions? Contact Sheena Steiner at 508-495-2177 or sheena.steiner@noaa.gov.

CO2 Benefits the “Rats and Cockroaches” of Marine World

July 7, 2017 –Beneath the waves, swelling levels of carbon dioxide could be boosting some species to ecological dominance while dooming others.

A study published yesterday in Current Biology suggests ocean acidification is driving a cascading set of behavioral and environmental changes that drains oceans’ biodiversity. Niche species and intermediate predators suffer at the expense of a handful of aggressive species.

Sea-level rise and coral bleaching often dominate discussions about how climate change affects the ocean, but a host of more subtle—and harder to research—trends also play a role in reshaping the world’s marine ecosystems. Among the most pressing questions is how fish react to rising levels of CO2, said Tom Bigford, policy director at the American Fisheries Society.

“The hurdles for behavioral changes are far lower than the hurdles for life and death,” said Bigford, who worked with fish habitats at NOAA for more than three decades.

Now, for the first time, researchers from the University of Adelaide in South Australia have cataloged the changing ways marine species interact with each other.

For three years, they observed marine environments near undersea volcanic vents where CO2 levels are high—providing a window into the future acidity of ocean water—along with adjacent areas of normal acidity. They also conducted behavioral experiments on fish from the different zones to test their responses to food and habitat competition.

Receding kelp means less habitat for intermediate predators, with about half as many near the volcanic vents.

But the acidified conditions proved to be a boon to what the researchers called “the marine equivalent to rats and cockroaches”—small fish with low commercial or culinary value.

Read the full story at the Scientific American