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NOAA limits permits fisherman can own

April 21, 2017 — NOAA has approved a new rule to limit the number of permits and the amount of groundfish allocation any individual or entity can own in the Northeast multispecies fishery.

The rule is an attempt to create more diversity in the fishery by stemming the tide of consolidation. It prohibits any single ownership entity from acquiring an “excessive share of fishing privileges” or an unfair economic advantage over the groundfish market.

The rule precludes any ownership entity from possessing more than 5 percent of the total of limited access permits in the groundfishery. As of Feb. 21, there were 1,335 active permits in the fishery, which means no individual or entity can own more than 67 permits.

“The most permits held by any entity was 50,” the rule states. “Based on this information, this permit cap is unlikely to immediately restrict any entity.”

The rule, also known as Amendment 18 to the Northeast multispecies fishery management plan, also caps potential sector contributions (PSC). However, it removes several fishing restrictions “to increase operational flexibility for fishermen on limited access handgear vessels.”

“The combination of the PSC limit and 5 percent permit cap raises the difficulty and cost of acquiring enough permits and PSC for any one entity in the groundfish fishery to exert market power over the fishery,” the rule stated.

The rule, published Thursday in the Federal Register and principally effective May 20,  has been long in the making.

The New England Fishery Management Council first started work on it in 2011. It approved the measure last August and submitted it to NOAA for public comment and final approval.

Read the full story at the Gloucester Times

FFAW Says Hundreds of Crab Vessels Iced in Will Need Compensation Due to Late Start, As in Past

April 21, 2017 — SEAFOOD NEWS — The Fish, Food and Allied Workers union said that hundreds of snow crab fishing boats are being kept ashore by the ice that has built up around Newfoundland and Labrador. President Keith Sullivan called on the federal government to pay compensation to fish harvesters who are kept away from the fishery. “For many, E.I. benefits run out next week, which will leave families without any income for the foreseeable future, since ice is expected to be a problem until at least mid-May,” the FFAW wrote in a statement.

New England regulators will allow lobster fishing in proposed deep-sea coral protection zones on the Mount Desert Rock and Outer Schoodic Ridges. The New England Fishery Management Council voted 14-1 Tuesday to ban most fishing in the canyons and plateaus where slow-growing, cold-water coral gardens flourish in the dark waters of the Gulf of Maine. But pleas from Maine lobster fishermen who say a trap ban in fertile gulf fishing grounds would cost them millions of dollars helped sway an initially resistant council to grant a lobstering exemption. The Council will vote on the exemption at its meeting in June.

In other news, Greenpeace released its annual sustainability rankings of canned tuna products sold in the US market. John Sackton writes how these rankings have almost nothing to do with tuna sustainability. “Instead, like other supermarket rankings undertaken by Greenpeace, the ranking system is used to reward banners that conform to Greenpeace’s ideology and punish banners that don’t,” Sackton writes.

Meanwhile, the Gulf Seafood Institute and six other Gulf of Mexico seafood industry organizations endorsed North Pacific Fishery Management Council Executive Director Chris Oliver for the open position of Assistant Administrator for NOAA Fisheries. “It is imperative that NOAA Fisheries be guided by an experienced Administrator with a solid track record of uniting these varying interests with a spirit of positivity and mutual respect,” the groups said in a letter sent to Vice President Mike Pence and Secretary of Commerce Wilbur Ross, Jr.

Finally, biologists at NOAA Fisheries’ Southwest Fisheries Science Center cracked the code on how to spawn Pacific sardines in the laboratory, opening a new window on the life cycle of the commercially important species. Some in the industry hope it will better inform industry and managers as to what environmental factors would augment wild reproduction and recruitment.

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

Judge shoots down New England fishermen’s at-sea monitoring cost challenge

April 20, 2017 — A US federal appeals court judge has ruled against New England groundfish fishermen’s third legal attempt to do away with a law requiring them to bear the cost of at-sea monitors.

New Hampshire groundfish fisherman David Goethel as well as the non-profit XIII Northeast Fisheries Sector believe the law violates existing federal law.

Although Joseph Laplante, chief US district court judge, recommended further consideration of the fishermen’s plea — their second appeal attempt — he ultimately ruled the initial law suit was not filed in time to be legal.

Laplante ruled, on April 14, against fishermen “because we find that Goethel’s suit was not filed within the [Magnuson Stevens Act’s] thirty-day statute of limitations…” This upholds the reasoning of the previous appeal decision, also against the fishermen, dated July 29, 2016.

Goethel had argued that the 30-day salute of limitations embodied in the MSA does not apply to pre-enforcement review, whereas Laplante said it does, and that Goethel cited no authority permitting a waiver of that rule.

Read the full story at Undercurrent News

NOAA Fisheries Proposes New Recreational Measures for Summer Flounder; No Changes to Scup

April 19, 2017 — The following was released by NOAA:

NOAA Fisheries is seeking comment on proposed recreational fishery management measures for the 2017 summer flounder and scup fisheries. 

The 2017 summer flounder recreational harvest limit is 3.77 million lb (1,710 mt), a decrease from the 2016 harvest limit of 5.42 million lb (2,458 mt). Accordingly, more restrictive management measures are necessary in 2017 to reduce landings by approximately 41 percent compared to 2016 landings, to ensure that the landings do not exceed the recreational harvest limit.

We are not proposing any changes to the recreational measures for the 2017 recreational scup fishery. The current measures are expected to keep landings within the 2017 recreational harvest limit. 

We are proposing black sea bass recreational management measures in a separate rulemaking action. 

Summer Flounder Proposed Measures

For summer flounder, in order to prevent overfishing in 2017, we are proposing stricter management measures than those in place in 2016. These measures would apply to all federally permitted party/charter vessels with applicable summer flounder and scup permits, regardless of where they fish, unless the state in which they land implements measures that are more restrictive.

We propose the Council’s and Commission’s recommended coastwide management measures for summer flounder, which are:

  • 19-inch minimum fish size
  • Four fish per person possession limit
  • Open season from June 1-September 15

We propose to continue the “conservation equivalency” approach, in which states develop state or regional minimum sizes, possession limits, and fishing seasons that will achieve the necessary level of conservation. Both the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission recommended continuing conservation equivalency.

For state waters, the Commission has reviewed measures submitted by the regions and certified that they are, in combination, the conservation equivalent of the Federal coastwide measures that would prevent overfishing. 

Read the proposed rule as published in the Federal Register today, and the Supplemental Information Report on our website.

The comment period is open through May 4.

Submit your comments through the e-rulemaking portal or by mailing:

John Bullard, Regional Administrator

Greater Atlantic Regional Fisheries Office

55 Great Republic Drive

Gloucester, MA 01930

Federal regulators move to change scallop fishery rules

April 19, 2017 — Fishing regulators have started changing the way the East Coast scallop fishery is managed, with an eye toward avoiding more conflicts between small- and big-boat fishermen.

The New England Fishery Management Council decided to initiate changes Tuesday. Government fishing regulators use different rules for different classes of boats that work the same areas. Recently, a class mostly made up of smaller boats has been in conflict with bigger boats in the northern Gulf of Maine.

Some fishermen in the small-boat fishery contend the rules allow bigger boats to exploit scallops, one of the most valuable fisheries in America. Bigger boats say the two can co-exist.

The management council says there is a “critical need to initiate surveys and develop additional tools to better manage the area.” It also says the new rules could include limiting some boats from fishing in the area until the scallop population can be more accurately determined.

Crafting new rules will likely take months, and they might not be finished before next year’s scallop season begins in April.

“The process was started, but now the real work begins,” said Togue Brawn, who runs a scallop business called Downeast Dayboat and has advocated for small-boat fishermen.

Read the full story at the Portland Press Herald

Council against Hudson Canyon sanctuary

April 18, 2017 — A Hudson Canyon National Marine Sanctuary proposal got little to no support from the Mid-Atlantic Marine Fisheries Council.

In fact, the council voted 15-4 against it when it met in Avalon last week for its regular scheduled spring meeting.

The Wildlife Conservation Society, operators of the New York Aquarium, nominated the canyon under the marine sanctuary program, run by the National Oceanic and Atmospheric Administration.

The aquarium’s goal is to advance marine conservation for the sensitive species and habitats in the canyon, including the permanent restriction oil, gas, and other mineral exploration and extraction.

However, fishermen have not been behind it because of the potential to be shut out of fishing the canyon. Advocates for fishermen said management of the canyon is best left to proven science-based management tools that include fishermen in the future.

They contend protections such as those that safe-guard deep sea corals, and regulations on fish are already in place.

Read the full story at the Asbury Park Press

NOAA Fisheries Announces Northeast Cooperative Research Program Review Results and Action Plan

April 18, 2017 — The following was released by NOAA:

The Northeast Fisheries Science Center initiated an independent review of its Northeast Cooperative Research Program in 2016.

The final reviewer report, NEFSC response, and action plan are now available. They can be accessed here: http://www.nefsc.noaa.gov/coopresearch/ncrp-program-review/

Cooperative research is one of our most important tools for transferring knowledge between our scientific staff and the fishing industry and managers we serve. Nearly 100 people were interviewed or surveyed as part of this effort. 

We especially extend our appreciation to those who made time to participate, and look forward to a continued and stronger partnership with others in the region.    

Questions? Contact Teri Frady at 508-495-2239 or teri.frady@noaa.gov

Fishery education plan in Congress

April 18, 2017 — The federal budget may be shrinking, and bipartisanship moribund, but congressmen from two coastal states a continent apart are undeterred.

Last week, Reps. Seth Moulton (D-Massachusetts) and Don Young (R-Alabama) introduced legislation that would establish the first national program to support young men and women entering the commercial fishing industry.

The bipartisan, bicoastal bill, which would provide grants of up to $200,000 (a total of $2 million annually), is part of the Fishing Communities Coalition’s efforts to launch the first coordinated, nationwide effort to train, educate and assist the next generation of commercial fishermen. The grant program would be administered through the National Oceanic and Atmospheric Administration’s Sea Grant Program.

Read the full story at The Ellsworth American

UPDATE: Court rules in government’s favor in New England fishing monitor dispute

April 17, 2017 — An appeals court has found in favor of the federal government in a challenge by a New England fishermen’s group over the cost of at-sea monitoring.

The monitors are workers who collect data that help the government craft fishing regulations. The government shifted the cost of paying for monitors to fishermen last year.

A group led by New Hampshire fisherman David Goethel sued the government over the rule change. The fishermen lost in federal district court and appealed. A 1st U.S. Circuit Court of Appeals panel in Boston agreed with the lower court Friday.

Monitors can cost hundreds of dollars per day. Fishermen argue it represents an illegal new cost burden they can’t shoulder in an era of tight quotas.

Read the full story from the Associated Press at NH1

From Port to Plate: A journey of New Bedford’s most profitable product

April 17, 2017 — Who knew that a silver dollar-sized scallop could provide such bang for a buck? As the most profitable item turned over in the most profitable port in the country, this milk-colored mollusk has almost been solely responsible for the re-birth of New Bedford’s working waterfront since the turn of the century.

While other New England ports have shrunk or been gentrified from a working waterfront to high rise condos and upscale restaurants, New Bedford has thrived.

In 2015, the port of New Bedford hauled in more than $321 million according to National Oceanic and Atmospheric Administration — $104 million more than Dutch Harbor, Alaska which had the second-most profitable port that year.

Three years earlier, in 2012, the municipality formerly known as the Whaling City set the national record for highest-valued catch at $411 million with scallops accounting for nearly 80 percent of that number. Alliteration aside, the Scallop City just doesn’t have the same ring to it, although a case could certainly be made for a name change.

Ed Anthes-Washburn, Port Director of the city’s Harbor Development Commission, said the port accounted for more than 36,000 jobs and held a value of $9.8 billion in economic value in 2015 — nearly double Boston’s $4.6 billion value in 2012 — according to the commissions state-funded study by Martin Associates in October.

“It’s really huge,” Anthes-Washburn said of the port’s impact on the city and the state. “We’re growing at a time where a lot of ports are shrinking.”

Fishing industry-lifers believe the scallop business will continue to boom thanks to the rotational management system that allows vessels to enter certain areas once they are deemed to be replenished by NOAA officials. Given a certain amount of trips each year, vessels can fish in those closed access areas until a designated date at which point two other areas open up. Creating a level of sustainability, the previously fished areas are then closed so that the scallops can be replenished.

Read the full story at the New Bedford Standard-Times

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