Saving Seafood

Fishermen not on board with Hudson Canyon sanctuary

April 7, 2017 — The Hudson Canyon is in the spotlight.

The Mid-Atlantic Fishery Management Council will hear a proposal from New York Aquarium, which has nominated the canyon for a National Marine Sanctuary designation.

The sanctuary program is run by the National Oceanic and Atmospheric Administration. In the program’s 40 years of existence 13 national marine sanctuaries and two marine national monuments have been established.

The sanctuaries are to be tailored to the needs of its stakeholders. New Jersey fishermen however, are raising concerns that they will be shut out of a prolific fishing ground.

“We’re in complete opposition. We’re not going to be fooled by the notion that the aquarium doesn’t intend to severely restrict fishing over time,” said Greg DiDomenico, Executive Director, Garden State Seafood Association.

The seafood association represents the interest’s of the state’s commercial fishermen.

The Hudson Canyon, a depression in the ocean floor that starts 80 miles east of Manasquan Inlet, is the largest submarine canyon on the Atlantic coast. It’s supports a rich diversity of marine life. Fishermen harvest seafood including squid, tunas, and shellfish from the canyon.

Read the full story at the Asbury Park Press

Stonington fishermen, first selectman: Camera proposal violates Fourth Amendment rights

April 7, 2017 — STONINGTON, Conn. — A proposal from the National Oceanic and Atmospheric Administration could potentially require fishermen to purchase a camera monitoring system to ensure that they are adhering to regulations — a requirement that local fishermen and First Selectman Rob Simmons see as a violation of their Fourth Amendment rights.

Based on a study done by the NOAA Greater Atlantic Regional Fisheries Office, electronic monitoring would potentially cost the fishermen around $500 per day per boat and require them to pay $60,000 for startup costs and annual maintenance of the equipment. While it’s less costly on a daily basis than the $700 per day cost of having a person doing at-sea monitoring on board a vessel, critics say the startup costs alone have the potential to put local fishermen out of business.

Aside from the costs of the proposed mandate, many see it as a violation of privacy.

Simmons, who’s been in touch with New Hampshire attorney Jason Crance, who has written legal papers on concerns with at-sea monitoring, said he feels this proposed mandate could potentially infringe on the Fourth Amendment rights of fishermen.

“I’m trying to see if there’s any sound legal argument into the intrusion of someone’s workplace because I believe this is a means of spying on Stonington’s fishermen,” he said. “They want to make sure the fishermen are complying with catch limit regulations but it seems like the government is assuming they aren’t complying. It’s like the state police putting a mini camera in my car next to a speedometer that monitors and notifies police when they go past 65.”

Read the full story at The Westerly Sun

NOAA’s Biggest Ship Returns Home After Longest Voyage

April 5, 2017 — The National Oceanic and Atmospheric Administration’s largest oceanographic research vessel has returned to its homeport after the longest deployment of any ship in the agency’s history.

NOAA Ship Robert H. Brown spent almost 800 days at sea during the 3½-year deployment. NOAA says the ship traveled almost 130,000 miles conducting scientific research and servicing buoys that collect environmental data.

The agency says the ship’s tasks included a rapid response mission to observe the 2015-16 El Nino. It also took more than 1,600 measurements in the Atlantic and Pacific oceans, ranging from Iceland and Alaska to Antarctica.

The Robert H. Brown also surveyed more than 350,000 square miles of seafloor and conducted ecological assessments of fisheries off Alaska’s Arctic coast.

Read the full story from the Associated Press at CapeCod.com

Molly Payne Wynne: Maine’s coastal communities depend on agencies Trump plans to gut

April 5, 2017 — Let me be open from the start — I’m a scientist, and I’m from away.

I spent my first summer in Maine navigating backroads along the coast, collecting fish, and water samples in ponds, rivers and estuaries for a study I was conducting. I’d get up with the sun and travel to various fishways for this work. I’d meet and talk with alewife harvesters, who would often treat me to a cooler full of alewife and blueback herring. I used these fish samples — and the harvesters’ anecdotes — in my research to shed light on where river herring live and grow, and how best to manage populations for the benefit of the fish and the people who depend on this valuable resource. Meeting these fishermen and studying the nearby fish habitats made the mutual dependence coastal communities have with the resources of Maine’s coastal rivers very clear.

As media reports continue to unveil the Trump administration’s proposals, it is also clear that our nation’s environment and natural resources programs are increasingly at risk. Coastal states such as Maine need to pay attention to proposed cuts to the National Oceanic and Atmospheric Administration. The White House is proposing to slice its budget by 17 percent. Cuts to programs such as the National Marine Fisheries Service and National Weather Service would have far-reaching consequences for programs created to ensure healthy coastal environments and economies. In Maine, National Oceanic and Atmospheric Administration is a significant contributor in the effort to save endangered Atlantic salmon in the last remaining rivers in the country in which they still spawn.

Read the full story at the Bangor Daily News

NOAA Fisheries Announces an Atlantic Highly Migratory Species Advisory Panel Meeting May 9-11, 2017

April 5, 2017 — The following was released by NOAA:

The National Marine Fisheries Service (NMFS) intends to hold a meeting of the Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) on May 9-11, 2017, at the Sheraton Silver Spring Hotel, 8777 Georgia Avenue, Silver Spring, MD 20910.  The AP meeting and webinar will be held from 10:30 a.m. to 6:00 p.m. on Tuesday, May 9, from 9:00 a.m. to 5:00 p.m. on Wednesday, May 10, and from 9:00 a.m. to 12 noon on Thursday, May 11.  A new member orientation session will be held from 9:00 a.m. to 10:00 a.m. on Tuesday, May 9. 

The meeting on Tuesday, May 9, Wednesday, May 10, and Thursday, May 11, 2017, will also be accessible via conference call and webinar.

Participants are strongly encouraged to log/dial in 15 minutes prior to the meeting.  NMFS will show the presentations via webinar and allow public comment during identified times on the agenda.  

The intent of this meeting is to consider alternatives for the conservation and management of all Atlantic tunas, swordfish, billfish, and shark fisheries.  We anticipate discussing Amendment 5b on dusky sharks; Draft Amendment 10 on Essential Fish Habitat; implementation of Final Amendment 7 on bluefin tuna management, including the upcoming three-year review; and progress updates on various other rulemakings, including individual bluefin quota transfer criteria effective dates, requests for regulatory changes received to date; domestic implementation of recommendations from the 2016 meeting of the International Commission for the Conservation of Atlantic Tunas and issues for 2017; progress updates regarding the exempted fishing permit request to conduct research in pelagic longline closed areas and white shark research; and updates on shark stock assessments.  We also anticipate discussing recreational and commercial fishing topics in specific breakout group sessions, including a detailed discuss of permitting, reporting, and compliance with recreational and commercial vessel requirements in response to several requests.  Finally, we intend to invite other NMFS offices and the United States Coast Guard to provide updates on their activities relevant to HMS fisheries.

Additional information on the meeting and a copy of the draft agenda will be posted prior to the meeting at: http://www.nmfs.noaa.gov/sfa/hms/advisory_panels/hms_ap/meetings/ap_meetings.html.

This email notice is a courtesy to Atlantic HMS fisheries interests to keep you informed about the fisheries.  Official notice of Federal fishery actions is made through filing such notice with the Office of the Federal Register.  For further information related to Atlantic HMS Management, please call (301) 427-8503 or see the HMS web page at http://www.nmfs.noaa.gov/sfa/hms/.  

Butchered shark fins seized from shrimp boat off Key West

April 4, 2017 — Florida wildlife officers made a grisly discovery aboard a Key West shrimp boat this week: dozens of pairs of dismembered shark fins.

The boat was discovered about 20 miles north of the island Wednesday night, an indication that illegal finning still occurs in Florida waters despite being banned more than 16 years ago. Buying and selling fins also remains legal in most states, fueling a practice that targets some of the world’s biggest and longest-lived sharks that are also among the planet’s oldest species.

“When we import them we have no idea if they came from sustainable shark fisheries or fisheries where they’re still finning,” said Mariah Pfleger, a scientist for Oceana, which is pushing a bill to ban the trade.

The boat was stopped by Florida Fish and Wildlife Conservation Commission officers who alerted the National Oceanic and Atmospheric Administration Fisheries Service. FWC referred questions to NOAA and NOAA declined to release details, saying it was too soon in the investigation.

However, Oceana reported that officers found between 30 and 40 pairs of fins. NOAA Fisheries is continuing to investigate and no charges have been filed, spokeswoman Kim Amendola said in an email.

Read the full story at the Bradenton Herald

The following was released by the Sustainable Shark Alliance in response to this event:

The Sustainable Shark Alliance (SSA), a coalition of shark fishermen and dealers along the Gulf and Atlantic coasts, applauds Florida Fish and Wildlife Conservation Commission efforts to combat unlawful shark finning in a reported enforcement action involving a Key West shrimp boat. Such alleged unlawful activities, where a shark’s fins are removed and its carcass is discarded, harm the legal and federally permitted shark trade by U.S. fishermen laboring under conservative catch quotas and strict anti-finning laws.

Shark finning has long been illegal, and shark finning in the United States is extremely rare. Given the frequency of at-sea and dockside enforcement inspections, this violation is clearly an outlier.

The SSA strongly urges state and federal law enforcement agencies to remain vigilant in their efforts to eliminate illegal activities, including identifying the would-be buyers and ultimate customers for the fins. The legal shark fishery is closely monitored: harvesters must report catches of individual sharks and total amounts landed, and buyers must have federal permits and report all sharks purchased to the federal government. Exports are also reported, though the SSA supports enhancing the system for tracking shark fins after they leave the dock.

“This reprehensible activity harms law-abiding U.S. fishermen,” said Shaun Gehan, attorney for the SSA. “While some groups will use this unfortunate incident to push an agenda of banning fin sales, the fact is such laws will not dissuade criminals as would meaningful penalties such as those now before the Florida Legislature.” Nearly all fins harvested in the United States are exported to China.

The ability to sell fins is essential to the economic survival of SSA members. On average, fins account for fifty percent of the value of the landed catch. Given restrictive harvest limits and the costs associated with operating fishing vessels, loss of fin income would make it unprofitable for the fishery to continue. This would harm U.S. fishermen and their communities, while boosting profits for foreign fishermen not subject to the same strict conservation laws and oversight.

Sharks are managed by the National Marine Fisheries Service (NMFS) under a very restrictive quota system that has been in place since the mid-1990s. As a result, populations of large and small sharks have been sharply increasing. In its last survey, NMFS found the most sharks in the survey’s 29-year history, 65 percent more than the one prior. Given the success of domestic shark management, efforts to ban fin sales have been opposed by fishery managers and leading scientists specializing in sharks.

New Bedford mayor: What’s next after Rafael’s guilty plea

April 3, 2017 — All eyes are on Carlos Rafael’s sizeable load of assets—32 fishing vessels, 44 permits and a business named Carlos Seafood—now that he’s facing up to 20 years of jail time when he receives his sentence in June.

His guilty plea agreement with the US government agrees to forfeiture of all 13 of his groundfish vessels, but his sizeable fleet of scallop vessels aren’t mentioned. A spokesperson at the Department of Justice (DOJ) declined to speculate on whether the federal government could seize these after his sentencing in June if Rafael couldn’t come up with the money to pay his fines, set at up to $7 million in the plea agreement.

New Bedford mayor Jon Mitchell, a former federal prosecutor, said there is flexibility within the terms of the plea agreement.

“Based on my experience, he’s probably looking at least three to four years in prison and a substantial fine,” Mitchell told Undercurrent News. 

Rafael is facing multiple counts of federal crimes, some of which include a maximum sentence of five years and one of which provides a maximum sentence of 20 years.

“But I think the bigger question is what happens to his groundfish permits,” Mitchell said. “They may be subject to forfeiture, but his forfeiture obligation can be subject in a number of ways.”

Typically, in other cases where the government seizes assets, those assets are sold by the government in an open auction; however, this case is unusual, making the asset sale process possibly run differently, a spokesperson for the DOJ told Undercurrent.

Such a sale at a government auction raises big concerns for Mitchell. 

“There’s a chance they may be bought up by government interests outside the port, and that scenario may have a direct impact on the industry here,” he said.

Mitchell plans to argue for Carlos’s permits to remain in the port of New Bedford, the largest seafood port in the United States.

The DOJ and the National Oceanic and Atmospheric Administration (NOAA) could substitute cash for the forfeiture of vessels by allowing Carlos to pay an equivalent amount of cash, attained through a sale of the vessel to a New Bedford buyer, instead of simply handing the vessels over to them to sell, Mitchell said. 

Read the full story at Undercurrent News

NOAA Fisheries Announces the Final Rule for Amendment 5b to the 2006 Consolidated Highly Migratory Species Fishery Management Plan

April 3, 2017 — The following was released by NOAA: 

The National Marine Fisheries Service (NMFS) announces the final rule to implement Amendment 5b to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP).  Amendment 5b implements a range of management measures to prevent overfishing and rebuild overfished dusky sharks.  These measures are based on the 2016 dusky shark stock assessment update that determined dusky sharks are overfished and experiencing overfishing.  

Who is affected?

Amendment 5b could affect:

  • Any commercial fishermen with HMS permits.
  • Any recreational fishermen who catch sharks of any species.
  • Any dealers who buy or sell sharks or shark products.

What will it do?

The final rule, which will publish in the Federal Register on April 4, 2017, and related documents, including the Final Environmental Impact Statement (FEIS) may be found at http://www.nmfs.noaa.gov/sfa/hms/.

The management measures implemented by this final rule (which were analyzed in the Amendment 5b FEIS) are listed in the table below.  Amendment 5b is designed to meet the objective of ending overfishing and rebuilding the dusky sharks, building on measures adopted in 2008 as a dusky shark rebuilding plan.  NMFS considered a full range of alternatives in the FEIS, which can be found in Chapter 2 of the FEIS.  After considering comments on the proposed rule and DEIS, NMFS is implementing final measures, as follows:  

  • NMFS has added and preferred Alternative A6d, which would require the use of non-offset, non-stainless steel circle hooks by all HMS permit holders with a shark endorsement when fishing for sharks recreationally south of 41° 43′ N latitude, except when fishing with flies or artificial lures. This alternative is preferred instead of Alternative 6a in the DEIS, which would have required the use of circle hooks by all HMS permit holders with a shark endorsement when fishing for sharks recreationally, defined as when deploying natural bait while using a wire or heavy (200 lb test or greater) monofilament or fluorocarbon leader;
  • Preferred Alternative B3 has been modified based on public comment to recognize safety concerns, specifying that fishermen with an Atlantic shark limited access permit with pelagic longline gear onboard must release all sharks not being retained using a dehooker or cutting the gangion less than three feet from the hook as safely as practicable.

MASSACHUSETTS: A milestone in the war over the true state of cod

April 3, 2017 — For years, fishermen from Gloucester to New Bedford have accused the federal government of relying on faulty science to assess the health of the region’s cod population, a fundamental flaw that has greatly exaggerated its demise, they say, and led officials to wrongly ban nearly all fishing of the iconic species.

The fishermen’s concerns resonated with Governor Charlie Baker, so last year he commissioned his own survey of the waters off New England, where cod were once so abundant that fishermen would say they could walk across the Atlantic on their backs.

Now, in a milestone in the war over the true state of cod in the Gulf of Maine, Massachusetts scientists have reached the same dismal conclusion that their federal counterparts did: The region’s cod are at a historic low — about 80 percent less than the population from just a decade ago.

“The bottom line is that the outlook of Gulf of Maine cod is not good,” said Micah Dean, a scientist who oversaw the survey for the Massachusetts Division of Marine Fisheries. “What we’ve seen is a warning sign about the future of the fishery, and it’s a stark change from what we saw a decade ago.”

The state’s surveys, conducted on an industry trawler, also found a dearth of juvenile cod and large cod, suggesting that the population could remain in distress for years. The lack of small cod reflects limited reproduction, while the absence of the larger fish is a problem because they’re capable of prolific spawning. 

Dean said he hoped fishermen would find the results credible, given that the survey sought to accommodate their concerns about the federal survey, conducted by the National Oceanic and Atmospheric Administration.

To address their concerns, the state spent more than $500,000 to trawl for cod in 10 times as many locations. Rather than sampling the waters twice a year, as NOAA does, the state cast its nets every month from last April to January, and kept them in the water about 50 percent longer. They also searched for the fish in deeper waters, where fishermen have said they tend to congregate.

“It was an exhaustive survey meant to provide an answer to the questions that the fishermen were posing,” Dean said. “But the fish weren’t there.”

Some longtime cod fishermen remain unconvinced. They say the historic fishery has been fully rebuilt, although the federal and state surveys estimate it is only about 6 percent of the level needed to sustain a healthy population.

Vito Giacalone, policy director of the Northeast Seafood Coalition in Gloucester, which represents many of the region’s commercial fishermen, maintained that the state surveys had some of the same flaws as the federal surveys. Rather than conducting random sampling throughout the Gulf of Maine, the researchers should have trawled for cod in areas where fishermen are finding them, he and other critics said.

Read the full story at the Boston Globe

Carlos Rafael’s guilty plea in federal court draws mixed reactions

March 31, 2017 — There was a mixture of emotions and reactions among members of the local fishing industry over the guilty plea Carlos that “The Codfather” Rafael entered in Federal Court Thursday. Some expressed a certain amount of sympathy for Rafael in the highly regulated business. Some didn’t.

This doesn’t come as a surprise,” said Mayor Jon Mitchell. Ever since Carlos’ arrest became public it was clear the government had him dead to rights.”

Mitchell, a former federal prosecutor, said that he thinks Rafael “is looking at three or four years in federal prison and to my mind he deserves it.”

“The more important question is what will happen to the permits. That determination has been left up to NOAA.”

Rafael’s fishing operation has continued under the permits, but it is possible the government will auction them off or send them out of the city in some other way, Mitchell said. He said he “pointedly” made that point with NOAA.

“The numerous people he employs shouldn’t have to suffer because of his dishonesty.”

Jim Kendall, president of New Bedford Seafood Consulting, had the same concern about the permits. He noted that other boat owners have been stripped of their permits. “But I am not sure that it means anything for us,” he said.

“I’m hoping that whatever the decision is that it doesn’t harm the port or the fishermen here. I am concerned about the impact.

Joann Field of Acushnet said, “If he is taking responsibility, that’s a good thing.”

But her husband Roland wondered aloud how much the strain of government monitoring and enforcement pushed him in the direction he went.

Read the full story at The New Bedford Standard-Times