Saving Seafood

Seafood Traceability Rule to Remain in Place, Says Court

June 28, 2017 — As reported previously on this blog, concerns about illegal, unreported and unregulated (IUU) seafood fraud, led to a proposed rule to establish a traceability program for certain seafood species. The final rule establishing the Seafood Import Monitoring Program was published by the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Department of Commerce, in the December 9, 2016 Federal Register.

The Program established permitting, data reporting and recordkeeping requirements for the importation of certain priority fish and fish products—including abalone, several types of cod and tuna, red snapper, shrimp and swordfish—that were identified as being especially vulnerable to seafood fraud. The rule requires seafood importers to trace the origin of the fish they import to either the specific boat that caught the full fish or a “single collection point,” to the day the fish was caught, and to the sector of the specific ocean where the fish was caught.

On January 6, 2017, the National Fisheries Institute, Alfa International Seafood, Inc. and others filed a lawsuit in the U.S. District Court for the District of Columbia challenging what they called a “Midnight Final Rule.” In the suit, the plaintiffs questioned whether the Department of Commerce cut corners by, among other things, refusing to disclose for public comment the data that it relied on to identify the seafood species subject to the rule and by allowing “a low-level bureaucrat to issue a binding final rule absent a valid delegation of authority from the Secretary.”

In a June 22, 2017 ruling, Judge Amit P. Mehta did not overturn the final rule establishing the Seafood Import Monitoring Program. Rather, Judge Mehta wrote: “The proper course at this juncture—just months before the rule goes into effect—is to defer ruling on Plaintiffs’ broader challenge to the agency’s authority to engage in rule-making and, instead, afford the federal defendants an opportunity to submit a signed statement from a principal officer within the Department of Commerce that ratifies the rule.”

Read the full story at The National Law Review

NOAA Seeks Comments on Proposed Rule Adding Blueline Tilefish to Golden TIlefish Management Plan

June 28, 2017 — The following was released by NOAA:

NOAA Fisheries is asking for comments on a proposed rule to add blueline tilefish to the Mid-Atlantic Fishery Management Council’s Golden Tilefish Fishery Management Plan.

Blueline tilefish have been managed for many years under the South Atlantic Council’s Snapper Grouper Fishery Management Plan, whose measures only apply south of the Virginia/North Carolina border. The fishery in the Mid-Atlantic was considered very small and remained unregulated until recently.

Recreational and commercial blueline tilefish catch has been increasing steadily in the Greater Atlantic Region (Virginia to Maine) since 2011. In 2014, commercial landings increased more than 20-fold from the previous several years’ average. This rapid increase in unregulated harvest represented a risk to the long-term sustainability of the stock, and triggered the Mid-Atlantic Council to request emergency management measures in 2015. Interim management measures took effect in June 2016, while the Council developed this proposed amendment.

Amendment 6 to the Tilefish Fishery Management Plan would manage the federal waters blueline tilefish fishery north of the Virginia/North Carolina border. We are proposing these management measures for blueline tilefish as part of the Tilefish Fishery Management Plan.

Through this action, we are proposing a commercial possession limit of 300 pounds per trip. 

We are also proposing a recreational season from May 1-October 31 and limits of:

  • 7 fish per person on Coast Guard inspected for-hire vessels (party boats)
  • 5 fish per person on uninspected for-hire vessels (charter boats), and
  • 3 fish per person on private recreational vessels.

The proposed rule would require fishermen to hold a valid Greater Atlantic Region open access tilefish commercial or charter/party permit to ensure adequate reporting and monitoring of blueline tilefish fishing activity. We also recommend requirements for new permits and catch reporting for private recreational fishermen.

More information is available in the proposed rule and Notice of Availability, along with the draft Environmental Assessment and preliminary Regulatory Impact Review. 

You may submit comments on either through the e-rulemaking portal or by mailing your comments to: John Bullard, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Please mark the outside of the envelope: “Comments on Blueline Tilefish Amendment.”

The comment period closes for the proposed rule on July 28, 2017 and for the Notice of Availability on August 14, 2017.

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

NOAA study: Locally caught fish lands on plates locally

June 28, 2017 — It’s like Las Vegas, only colder: Groundfish landed in the Northeast generally stay in the Northeast.

NOAA Fisheries this week released a study tracing the ultimate destination of seafood landed in the Northeast that concluded that most of the groundfish landed in this region is consumed as food by consumers in the region.

According to the study, other species, such as scallops, are processed for wider domestic and international distribution, while some — such as monkfish — are sold in parts or whole in more limited markets.

The study said only a small percentage of the scallops landed in the region remain here. Most are sold to large industrial food companies and transported throughout the country or flash-frozen and transported to Europe or elsewhere.

Groundfish, it said, is one of the few fisheries that is primarily consumed regionally.

Using data from the New England Fishery Management Council and other stakeholders, the study traced the region’s boat-to-consumer supply chain, of which Gloucester plays a pivotal role along with New Bedford, Boston and Portland, Maine.

“This study is a first step in characterizing New England fisheries, including where fish are caught, what they are used for, and where they go once they are landed,” Patricia Pinto da Silva, a social policy specialist at NOAA’s Northeast Fisheries Science Center and one of the study’s author, said in a statement accompanying the release. “We did not include aquaculture or the regional recreational harvest, which is something we would like to do in the future.”

The study showed the seafood species landed in the Northeast “vary widely in where they are sold and how they are used.”

Much of the groundfish landed within the region — including cod, haddock, pollock and several flounders — ends up sold as food fish to local restaurants, fishmongers and domestic supermarkets, the study stated.

Read the full story at the Gloucester Times

Public health could – and should – play bigger role in US fisheries policy

June 26, 2017 — U.S. dietary guidelines call for Americans to eat more fish. But fishery managers don’t usually manage stocks with this goal in mind, according to a recent study.

Fisheries policy is essentially part of the nation’s food policy, which affects public health. So, fishery managers, whether they mean to or not, affect the availability, access and distribution of healthy seafood for Americans nationwide.

Despite this intrinsic link, fishery managers don’t usually take public health into account, the researchers said.

The primary authors of the study published in June were Dave Love, an associate scientist at Johns Hopkins University’s Center for a Livable Future, and Patricia Pinto da Silva, a social scientist at the Northeast Fisheries Science Center, which is part of the National Oceanic and Atmospheric Administration.

“Fisheries managers should consider how management decisions affect markets, access and use of seafood,” the researchers told SeafoodSource in an email.

The Magnuson-Stevens Act, which is the main fisheries management law in the U.S., requires fisheries to be managed to produce the greatest benefits to the nation in terms of food production, within environmental constraints.

“However, while this is a key component of the [law], fisheries are generally not managed with food production in mind,” the researchers said.

Current fisheries management doesn’t take into account what the fish is used for once it’s caught, or where it goes. This means that it’s impossible to know if the country is meeting optimum yield, the researchers said.

Part of this disconnect comes from the fact that fisheries policymakers and public health officials are literally in different federal departments: Commerce for fisheries and Health and Human Services for public health. Federal agencies do cooperate on seafood inspection.

The researchers recommend fostering better collaboration between fisheries and health agencies.

“The public health and medical community needs to seek out information from the fisheries community about the ecological health of a resource before they make recommendations about what seafood consumers should eat,” they said.

Read the full story at Seafood Source

DON DeMARIA: Fair is fair: Everyone should get a monitor

June 26, 2017 — Effective fisheries management requires cooperation between managers and fishermen. Cooperation involves a certain amount of trust. Managers must be able trust that data being provided by fishermen is correct, and fishermen must trust that managers are analyzing those data properly. It is a two-way street.

The councils and NMFS appear not to trust fishermen when they propose requiring vessel monitoring systems and electronic video monitoring to be installed on commercial fishing vessels. Basically, they are telling the fishermen we really don’t trust you telling us where you were fishing and what you caught and discarded, so we are putting an ankle monitor on you and will have a video camera watching your every move.

I get the fish are a public resource deal — those harvesting a public resource need to do it in an acceptable manner, and accurate data are required to manage the resource properly argument. Likewise, tax dollars are a public resource of sorts and should be monitored and managed properly. If NMFS and the councils really want to start down the path of distrust, then fishermen may want to consider doing the same. After all, we have a right to know how our tax dollars are being spent, and it is tax dollars that pay the salaries of NMFS staff and council members.

So, I am proposing that all NMFS personnel and council members wear a radio collar — similar to what wildlife biologists use on bears, wolves, etc., so we know where they are 24 hours a day, just like a VMS does on a commercial fishing vessel. Let’s call the radio collar something nice, like a Federal Employee Monitoring System. I know the radio collars will be a little awkward at first, but so is a VMS unit on a small open outboard vessel fishing the southern Gulf of Mexico with a reef fish permit, but it is required.

Read the full letter at National Fisherman

NEW BEDFORD STANDARD-TIMES: New leader of NOAA Fisheries knows his mission

June 25, 2017 — Secretary of Commerce Wilbur Ross has appointed Chris Oliver as the new Assistant Administrator for NOAA Fisheries, with blessings from the White House, a broad swath of fisheries stakeholders, and an enthusiastic group of local stakeholders.

Some five dozen fishing organizations, companies and advocates have been pleased with the outcome of the process that selected Mr. Oliver from among three candidates.

Mr. Oliver’s explicit responsibility will be oversight of management and conservation of the nation’s fisheries — commercial and recreational — inside the coastal fisheries habitat found within the 200-mile Exclusive Economic Zone established by the United Nations.

According to NOAA, while executive director of the Alaska-based North Pacific Fisheries Management Council, he “led the way on several cutting edge management initiatives,” including developing the programs that regulate fishery quota, fishing cooperatives and catch share programs such as we see in the Northeast, the Alaska fishery’s onboard observer program, bycatch reduction programs, habitat protection, allocation programs, and community development programs. This familiarity will leaves us more certain that the progress made in management of the challenging multispecies fishery can continue. It is far from perfect, but the moves toward fleet collaboration and consideration of fishing communities could stand to continue in the Northeast.

“I understand how important stakeholder involvement, transparency, and best available science are to making the right policy decisions and I plan to ensure those tenets of the Magnuson-Stevens Act are applied across the board while I am leading the agency,” he was quoted as saying by the NOAA press release that announced his appointment last Monday. “I intend to rely heavily upon the regional expertise of the eight fishery management Councils and the associated NOAA Fisheries Regions and Science Centers, and to ensure they have the resources necessary to effectively tackle region-specific issues.”

A federal budget has yet to be passed, and the Trump administration has already signaled it wants to see cuts at NOAA, particularly on weather and climate research, but not necessarily on fisheries (perhaps ignorant of the return on investment climate data delivers for fisheries industry and management alike). Mr. Oliver, as he was quoted above, wants to see the resources available to remedy “region-specific issues.” The list for the Northeast council and the Greater Atlantic Region includes untangling the influence of Carlos Rafael upon the groundfish fishery, besides trying to manage a multi-species fishery in a dynamic ecosystem in some of the fastest rising ocean temperatures on Earth.

Read the full opinion piece at the New Bedford Standard-Times

New Bedford Mayor, Others In New England Weigh in on Rafael Permits

June 26, 2017 — The following is an excerpt from a story published June 24, 2017 by the New Bedford Standard-Times. As previously noted by Saving Seafood, New Bedford Mayor Jon Mitchell has written to officials at NOAA, citing legal precedent, asking that Carlos Rafael’s fishing permits be allowed to remain in New Bedford to protect the innocent parties who were not involved in criminal activity. The Mayor also notes that selling the permits, as well as the rest of Mr. Rafael’s fishing interests, whole to a New Bedford-based entity is likely the only way to have Mr. Rafael completely divested from the fishing industry, as his scallop business is not implicated in any crimes.

Mayor Jon Mitchell was the most recent party to lobby for the permits proposing that they remain in New Bedford in a four-page letter to Samuel Rauch, Assistant Administrator for Fisheries for NOAA. But his letter also shed the most light on the situation, including references to Rafael selling his entire fleet of ships and that the government appears to not have sufficient evidence to seize any scallop permits.

“All the decisions concerning Carlos’ sanctions are being discussed right now. They’re being discussed by the U.S. Attorney’s office and NOAA and Rafael’s attorney,” Mitchell said. “They’ve all heard from me over the last several months, more than once. I wanted to put my thoughts in writing on the record so it’s clear to everybody where New Bedford stood.”

In his letter, Mitchell focuses on the 13 permits’ influence on third parties. He pointed out that Rafael’s business, Carlos Seafood Inc., directly employs 285 fishermen and indirectly “supports a sprawling supply chain in the port that includes gear menders and manufacturers, fuel companies, vessel outfitters, settlement houses, welders, lumper, ice houses, truckers and many others.”

According to the mayor, Rafael’s fleet accounts for 70 percent of the fuel supplied to fishing vessels by Bay Fuels, 30 percent of the fishing gear manufactured by Reidar’s Trawling and 75 percent of the groundfish landed at Whaling City Display Auction.

“My concern is that if the government doesn’t exercise its discretion in a way that reasonably considers the interest of innocent third parties,” Mitchell said. “I believe there would be considerable harm to those folks.”

The concern extends to the New Bedford economy, which already heavily relies on scallops. Mitchell said that Rafael owns about 75 percent of the groundfish permits. Groundfish accounts for 10 percent of the port’s revenue.

“When industries in a place are less diversified, they’re more prone to economic shocks,” Mitchell said. “If we become almost exclusively reliant on scallop landings, we’re prone to all the risks that prevent themselves to that industry.

The one commonality among most of the written notes is the desire for Rafael to never fish again.

Mitchell is the only one who developed a scenario to make that a reality.

Rafael’s most valuable permits lie within his scallop vessels. There’s no evidence that the government can seize any permits other than the 13 listed in the original indictment.

“If, as it appears, the government does not have sufficient evidence or legal authority to pursue the forfeiture of all of Rafael’s permits and vessels not named in the criminal indictment, Rafael will be able to use his remaining permits…to profit from scallop landings — even from his cell in jail,” Mitchel wrote.

Read the full story at the New Bedford Standard-Times

Two rockfish species make a comeback as conservation limits pay off

June 24, 2017 — For fishermen and seafood lovers, there is good news about two species of rockfish.

Stocks of bocaccio and the darkblotched rockfish have been rebuilt after years of conservation restrictions to protect populations knocked down by a combination of poor ocean conditions and overfishing.

The actions included major closures of some fishing areas and reductions in the numbers of these fish that could be caught — even accidentally — by commercial fleets. Recreational fishermen also faced reductions in harvests.

Such protections helped to protect the stocks until years when survival rates of young fish improve dramatically for reasons that scientists are still trying to understand.

“By working together, we’ve brought bocaccio and darkblotched rockfish back to where they will again be part of a sustainable West Coast groundfish fishery” said Barry Thom, regional administrator of the National Oceanic and Atmospheric Administration (NOAA) Fisheries West Coast Region, in a statement.

The bocaccio, a rockfish that can grow up to 3 feet in length and live for a half century, was declared to be overfished in the 200-mile federally managed zone back in 1999. The smaller darkblotched rockfish, which can live for more than a century, got the designation in 2000.

Scientists say there is still a lot to learn, including what changes in ocean conditions contributed to the resurgent populations.

“We wish we knew, and that’s one of the questions that has yet to be very well answered for most of our groundfish species,” said Jim Hastie, a Seattle-based NOAA Fisheries official involved with assessing fish stocks.

Read the full story at The Seattle Times

MASSACHUSETTS: Authorities’ visit to fish house remains a mystery

June 23, 2017 — Business appeared to be carrying on as usual Friday at Lou-Joe’s Fresh Seafood, a day after agents from the Internal Revenue Service and two other government agencies visited the small fish processing plant.

Workers were cutting fish on Friday inside the 3,800-square-foot plant at 24 Washburn St., New Bedford, near where Interstate 195 crosses the Acushnet River. Fish trucks were coming and going from the loading docks.

An employee in the office said he was not the owner and declined to comment on the situation.

On Thursday, about a dozen officials from the IRS, Massachusetts Environmental Police, and National Oceanic and Atmospheric Administration visited the plant. An IRS spokeswoman told The Standard-Times the IRS employees were on official business, but she would not say anything further.

A corporate document filed with Massachusetts Secretary of State William Galvin’s office shows two people listed as officers of a now-dissolved corporation by the name Lou-Joe’s Fresh Seafood, Inc.: Luis Martins as president and treasurer, and Mary Martins as secretary. Both are listed at the same address: 17 Bertrand’s Way, Acushnet.

The business summary on the secretary of state’s website shows an involuntary dissolution of the corporation in 1998.

Laurie Flynn, director of corporations for Galvin, said the corporation was dissolved for failing to file the required annual reports after 1990. But operating without corporation status is not illegal as long as the business does not use “Inc.” in the name, she said. Lou-Joe’s could be operating as a sole proprietorship or partnership, for example, she said.

Neither Luis Martins nor Mary Martins could be reached at the business or at the house on Bertrand’s Way in Acushnet.

Read the full story at the New Bedford Standard-Times

Following the Fish: Where New England’s Catch Goes and Why It Matters

June 20, 2017 — The following was released by NOAA:

Ever wonder where the fish landed at the dock ends up, and what it is used for? For some species the trip is short and direct and for one purpose, while other species travel thousands of miles to their final destination and have multiple uses. Besides food for humans, seafood could be used as bait for other fisheries, in pet food, as fertilizer, or in nutraceuticals – products derived from a food source that claim to have a health benefit.

As the public becomes more interested in where the food they eat comes from, NEFSC’s social scientists have followed the fishery supply chain from harvest to its final destination. They looked at where fish and other seafood are caught, where they go after they are landed, how they get there, and what they are used for. Following the fish means following a route that can be local, regional, national or international, depending on the species. It leads to a better understanding of the sustainability of regional fisheries and their social, economic and cultural relationships.

“Many fish species caught in New England are primarily used for food,” said Patricia Pinto da Silva, a social policy specialist in the Center’s Social Sciences Branch and one of the study authors. “Some are processed and distributed nationally and internationally, such as scallops, while others are sold in parts or whole in more limited markets, such as monkfish. Groundfish is one of the few fisheries that is primarily consumed regionally.”

Pinto da Silva and colleagues looked at species in the New England Fishery Management Council’s fishery management plans. They examined self-reported fisheries data and data collected by at-sea observers as well as data from dealers. They also spoke with fishermen, seafood dealers, staff at processing plants and others with knowledge of different aspects of the fishery, including harvest, processing and distribution.

Current and historical Information about each fishery, the gear types used, its supply chain, emerging markets, and how the information was gathered and from whom were included in a summary of each fishery along with a map of its supply chain. The only exception was American lobster, due to a lack of the kind of data that were available for the other fisheries.

“This study is a first step in characterizing New England fisheries, including where fish are caught, what they are used for, and where they go once they are landed,” Pinto da Silva said. “We did not include aquaculture or the regional recreational harvest, which is something we would like to do in the future.”

Fish caught in New England vary widely in where they are sold and how they are used. Monkfish, for example, is primarily sold as a food fish, and largely destined for an international market. Vessels supply a small domestic market through restaurants, wholesalers and small retail fish markets, but most monkfish is exported to Europe and Asia by container ship and airplane, with parts of the fish sold for different uses in different countries.

Atlantic herring, once a canned food product supporting a regional canning industry that has since disappeared, is now primarily used as bait for the regional lobster fishery. Some herring is also used as bait in the tuna or longlining fisheries, and a few herring are pickled or smoked for specialty products or sold as pet food.

One of the highest valued fisheries in the nation, Atlantic sea scallops are sold as food in domestic and international markets. Most are shucked at sea and generally only the adductor muscle is harvested and sold.  Only a small percentage of landings remain in the region, where local dealers sell directly to the public and to small regional retailers and restaurants. More often, large scallop processors sell directly to large industrial food companies that sell to grocery stores and restaurants nationwide. Flash-frozen scallops are sold to domestic and European export markets.

Many of New England’s groundfish, including cod, haddock, pollock and several flounders, are used as food fish, sold to local restaurants and fish markets and to domestic grocery stores. Depending on the species, groundfish that stays local travels from the boat to a dealer to fish markets, local restaurants and community supported fisheries.

Most of the groundfish caught in the Northeast stays in the Northeast, but it is also trucked to large seafood markets on the East Coast or shipped by air to the Midwest and other distant markets. Processors export some groundfish species to Europe, Canada and Japan for use there or to be processed and re-imported to the U.S. Use varies by species, but includes processing as fillets, for fish and chips, salted or smoked, or used for bait, in pet food, fertilizer or in nutraceuticals.

While many fish species are landed in the Northeast, the high demand for fish means much of it is imported from other countries, or caught in the U.S., exported to another country for processing, then imported back into the U.S. for sale.

“More than 90 percent of the fish consumed in the U.S. is imported, much of it farm-raised or aquacultured salmon and shrimp, and canned tuna,” Pinto da Silva said.  “In some ways we know more about tracing our imports than we do about the fish caught in our own federal waters. This study was an attempt to describe the broader food system in the region beyond harvesting so we are more aware of all the connections between fishing, markets, and communities and can begin to address the socially-valued outcomes from fisheries management.”

In addition to Pinto da Silva, other authors of the study were Julia Olson, Sharon Benjamin, Ariele Baker and Meri Ratzel from the NEFSC’s Social Sciences Branch.

Read the full release here