National Oceanic and Atmospheric Administration Archives - Page 250 of 260

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

Are catch shares an effective tool for fisheries management?

March 30, 2017 — A Brunswick County senator’s proposed resolution opposing catch-share fisheries management is drawing praise from the fishing community.

In fisheries managed by catch shares, certain fishermen or companies are assigned individual limits for a given species during a season, a strategy the National Oceanic and Atmospheric Administration (NOAA) says allows fishermen to make decisions based on market conditions and avoid hazardous weather conditions.

Many North Carolina fishermen have expressed great concern about catch shares reaching their waters and are supporting Senate Bill 370. Sen. Bill Rabon, R-Brunswick, introduced the bill, which would communicate to the South Atlantic Fishery Management Council, NOAA Fisheries and the N.C. Marine Fisheries Commission that the Senate opposes catch share management off the N.C. coast.

Rabon did not respond to phone calls and a text message seeking comment on his resolution, which says catch shares give private ownership of federal fisheries to individuals, cause consolidation of fishing fleets and lead to lost jobs. A virtually identical resolution was adopted March 7 by the South Carolina House.

Read the full story at Star News

Updates from NOAA Fisheries

March 28, 2017 — Groundfish Days-at-Sea Leasing Deadline Extended to March 31

NOAA Fisheries announces an extension of the 2016 Days-at-Sea leasing deadline for the northeast multispecies fishery. If you hold a groundfish permit for 2016, you may submit DAS leases through March 31.

2017 At-Sea Monitoring Coverage Levels for Groundfish Sector Fishery

NOAA Fisheries announces that for fishing year 2017 the total target At-Sea monitoring coverage level is 16 percent of all groundfish sector trips.

This target coverage level is a two-percentage point increase from the 2016 coverage level (14 percent). As the target coverage level is set based on an average of

At-Sea monitoring data from the past three full groundfish fishing years, this level is set based on data from the 2013-2015 fishing years.

Federally funded observer coverage provided by the Northeast Fishery Observer Program to meet the Standardized Bycatch Reporting Methodology (SBRM) requirements will partially satisfy the 16 percent coverage requirement. Sectors will therefore actually pay for At-Sea monitoring coverage on less than 16 percent of their groundfish trips, but the total will depend on the SBRM coverage rates, which are not yet out.

We expect to be able to reimburse sectors for some portion of their ASM costs. We do not yet have the information we need to determine the reimbursement rate. We were able to reimburse 85 percent of At-Sea monitoring costs in 2016, but expect the 2017 reimbursement rate to be lower.

Read the full story from at Wicked Local

Feds remove type of rockfish from endangered list

March 28, 2017 — Federal biologists have removed a species of Puget Sound rockfish from the endangered species list.

NOAA Fisheries said Monday that last week’s decision comes after a recent study found Puget Sound/Georgia Basin canary rockfish are not genetically different from other canary rockfish found along the West Coast.

Researchers conducted genetic testing on fin clips collected from rockfish caught by anglers. The agency says an analysis found that Puget Sound canary rockfish aren’t genetically distinct from coastal populations.

The federal agency listed the long-living bottom dweller as threatened in 2010. Two other species – yelloweye rockfish and boccaccio – listed at that time are still protected under the Endangered Species Act.

The move also doesn’t change state regulations. Recreational anglers currently aren’t allowed to target or keep any rockfish species in Puget Sound.

Read the full story from the Associated Press at KOMO News

Feds to Reopen Papahanaumokuakea to Fishing?

March 27, 2017 — The following was released by the Western Pacific Regional Management Council:

The Western Pacific Regional Fishery Management Council concluded its three-day meeting in Honolulu with a suite of recommendations, many of which are focused on keeping U.S. fishing grounds open to sustainably managed U.S. fisheries.

The council includes the local fishery department directors from Hawaii, American Samoa, Guam and the CNMI, fishing experts appointed by the Governors and federal agencies involved in fishing-related activities.

Marine national monuments, national marine sanctuaries, other marine protected area designations and Department of Defense training are among the uses that are increasingly closing off fishing grounds in U.S. waters.

Council Chair Edwin A. Ebisui Jr. clarified that council communications to the administration about impacts of marine national monuments on fisheries are not lobbying.

Some environmental activists recently made misleading statements about this in regards to a letter to President Trump prepared on March 1, 2017, by the Council Coordination Committee or CCC. The CCC includes the chairs of the nation’s eight regional fishery management councils. The letter details the impact of designations of Marine National Monuments under the Antiquities Act in the Atlantic and Pacific Oceans and was submitted to the president after conferring with the NOAA Office of General Counsel.

Read the full story at The Hawai’i Free Press

Scallop Sales Will Fund 17 Marine Science Research Projects

March 27, 2017 — The federal government says the sale of scallops will help pay for 17 projects related to fisheries and marine science.

The National Oceanic and Atmospheric Administration says the money is coming from the scallop “research set-aside program.”

The agency says the projects are awarded pounds of scallops that have been “set aside” for this purpose. Applicants partner up with fishermen to harvest the set-aside award to generate money for their research.

NOAA says this year’s awards are expected to generate more than $15 million. One of the projects will allow Coonamessett Farm Foundation of East Falmouth, Massachusetts, to research the impact of the Atlantic sea scallop fishery on loggerhead sea turtles.

Another will allow UMass Dartmouth’s School for Marine Science & Technology to measure swimming capacity of flounder species.

Read the story from The Associated Press at US News & World Report

Judge sides with American Samoa local fisherman over feds

March 23, 2017 — A federal judge in Honolulu has ruled that the decision to reduce the area off-limits to large vessels along the coast of American Samoa “is invalid,” clearing the way for exclusive access by local fishermen and small boats.

U.S District Court Judge Leslie E. Kobayashi also ruled that National Marine Fishery Service’s change of the rule “was arbitrary and capricious.”

Fishing waters had been preserved for the local “alia” — or small boat — fishing fleet from the shoreline out to 50 miles since 2002. Last year, the National Marine Fishery Service reduced the large-vessel-protected area, or LVPA, to 12 miles from the shoreline, allowing vessels 50 feet and longer to net hauls once reserved for local fishermen.

The plaintiffs, through the American Samoa government, filed the lawsuit in March 2016 arguing that American Samoa’s cultural fishing rights are found in the two Deeds of Cession — the 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deeds of Cession for Manu’a islands — with the U.S.

The defendants, who include the National Oceanic and Atmospheric Administration, countered in court documents that deeds say nothing, about fishing or marine resources and “that silence should not be read to establish rights.”

In a 42-page ruling issued Monday, Kobayashi says the Deeds of Cession require the United States to respect the American Samoans’ customary practices — such as fishing — even though the deeds do not specifically identify the practices.

American Samoa Gov. Lolo Matalasi Moliga said he hopes the case serves as a reminder to the federal government that “we have rights and they should not be easily dismissed.”

American Samoa Attorney General Talauega Eleasalo Ale, who appeared for the territorial government at federal court during oral arguments last month, describes the ruling as “thorough and well-reasoned.”

Read the full story from the Associated Press at the New Jersey Herald