Saving Seafood

NEFMC: Hosting Inshore Atlantic Sea Scallop Fishing Workshop, Feb 22-23

December 22, 2015 — The following was released by the New England Fishery Management Council (NEFMC):

The New England Fishery Management Council will host a workshop on February 22-23, 2016 to explore concerns about inshore scallop fishing. It will be held at the Crowne Plaza Hotel in Warwick, RI.

Discussions will build on and contribute to ideas expressed in the Council’s May 2015 white paper on this issue. The Council has enlisted the Fisheries Leadership & Sustainability Forum (Fisheries Forum) to assist in developing the workshop agenda and facilitate discussions.

For more information, including background material and registration forms, see Sea Scallop Workshop, Feb 22-23, 2016. If you have questions, please contact Deirdre Boelke at dboelke@nefmc.org.

Scallop Industry Fights Early Access To Nantucket Lightship Area

December 22, 2015 – Last week, The Fisheries Survival Fund (FSF), represented by Kelley Drye & Warren LLP, wrote NOAA Regional Administrator John Bullard, urging him to disapprove a December 3rd vote at the New England Fishery Management Council that would allow certain vessels early entry into the Nantucket Lightship area in violation of the principles of rotational closure system that has made the scallop fishery sustainable and profitable.

The vote would allow General Category scallopers access to the Nantucket Lightship area, and disallow access by Limited Access vessels. FSF says that allowing different access for different types of vessels in the scallop fleet violates laws, regulations, and the Atlantic Scallop Fishery Management Plan. FSF also argues that the vote failed to meet public notice requirements, failed to provide analysis of effects for public comment, and, as an allocation issue, requires an amendment of the Fisheries Management Plan.

Administrator Bullard himself spoke in opposition to the vote, stating “What I’m worried about is a motion like this … [takes] a chink out ofthis rotational closure and allows one group in early. And so next year, what’s the justification for someone to come in early, and the year after, what’s the rationale? And at what point do we not have the system that created the nation’s most profitable, most productive, most sustainable fishery? At what point do we look and say ‘it really isn’t a rotational closure system anymore, it’s a system where we decide who goes where at what time.'”

View the letter as a PDF

Off the hook – Researchers find mortality of cod caught and released off Gloucester is half of original estimate

December 21, 2015 — With cod at historically low population levels and commercial fishermen limited to landings that are just a fraction of what they once were, the recreational catch is now believed to account for as much as one-third of total landings of Gulf of Maine cod.

But recreational landings data was considerably poorer than the commercial data, which made it hard to estimate their true impact on the population or know the effectiveness of regulatory measures.

Solving the cod crisis will take a lot of research. Now, scientists are no longer restricted to their lab. As a recent study shows, creative thinking and technology can turn the ocean into a lab, and the results can be more precise and minimize the regulatory impact on fishermen.

A key missing piece in the puzzle was information on how many fish died after they were released by anglers. Lacking key data such as length and weight of released cod resulted in the assumption that 100 percent of those fish died. Missing data can lead to underestimating the population size, with overly strict regulations, said Michael Palmer, National Marine Fisheries Service research fishery biologist.

Researchers started collecting length and weight data in 2005 after regulators tightened reporting requirements for recreational fishermen. In 2011, a panel arrived at a consensus that 30 percent of cod released by anglers died. But Palmer was concerned that there were no directed studies, in the U.S. or internationally, to truth-test the estimate.

Read the full story at Cape Cod Times

 

NEMFC Newsletter, December 2015

December 17, 2015 — The following was released by the New England Fishery Management Council:

Framework Adjustment 27

At its early December meeting, the New England Council finalized its recommendations for Framework 27 to the Atlantic Sea Scallop FMP. The action contains catch specifications for the 2016 and 2017 (default) fishing years.

Fishermen will receive allocations that are projected to result in landings of about 47 million pounds of scallops in 2016. Forty million pounds are allocated to the scallop limited access fleet. Of the remainder, about 4.5 million pounds are allocated to the limited access general category (LAGC) fishery which numbers about 100 active vessels, and about 800,000 pounds are reserved for the observer set-aside program.

Several other specifications are the same as fishing year 2015 — 1.25 million pounds for the research set-aside program, 70,000 pounds for vessels with Northern Gulf of Maine LAGC permits, and 50,000 pounds for vessels with incidental LAGC permits.

Compared to 2015, the approximately 340 active limited access vessels will be allocated slightly more days-at-sea (DAS) in open areas this year and the same level of effort in the Mid-Atlantic Access Area (Delmarva, Hudson Canyon and Elephant Trunk Areas are combined in this action).

The proposed allocations for limited access vessels, as approved by the Council, will be 34.55 open area days-at-sea (as opposed to 31 DAS in 2015) for full-time vessels and 51,000 pounds in the Mid-Atlantic Access Area. Part-time vessels will receive 13.82 days-at-sea and 20,400 pounds in the Mid-Atlantic Access Area.

After much discussion, the New England Council also would allow a portion of the total LAGC allocation to be taken from the northern part of the Nantucket Lightship Access Area. The maximum removal from this relatively small area is proposed at 300,000 pounds, or about 7% of the LAGC total allocation. The proposed action also prohibits any scallop vessel from undertaking research set-aside compensation trips in the Lightship Area. The LAGC fleet’s total allocation from the Mid-Atlantic Access Area is 1.2 million pounds. Both areas would be closed to these vessels once the fleetwide LAGC quota is reached.

View a PDF of the Newsletter

MAFMC Revises 2016 Spiny Dogfish Specifications

December 16, 2015 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council has revised the spiny dogfish specifications that were previously recommended for the 2016 fishing year. During the December 2015 Council Meeting last week in Annapolis, Maryland, the Council approved a revised acceptable biological catch (ABC) limit of about 52 million pounds and a commercial quota of 40 million pounds. The revised commercial quota represents an increase of nearly 60% relative to the quota originally recommended for 2016. In addition, the Council approved ABCs of 51 million pounds for 2017 and 50 million pounds for 2018. 

At a previous meeting in October, the Council had recommended substantial reductions in spiny dogfish catch limits for 2016, including a 50% cut in the commercial quota, in response to the findings of the 2015 spiny dogfish stock assessment update. Although the update concluded that the stock was neither overfished nor subject to overfishing, the new estimate of stock biomass had decreased markedly. The Council’s recommendations would have reduced the commercial quota for spiny dogfish by 50% next year. 

However, the Council expressed concern that the spiny dogfish assessment update did not include any data from 2014 – the result of mechanical issues with the Northeast Fisheries Science Center (NEFSC) trawl survey vessel – and requested that the SSC work with the NEFSC to evaluate alternative ABC-setting methods that could address this data gap. Three different methods for calculating spiny dogfish biomass were evaluated, and the SSC identified a Kalman filter as the best available approach for overcoming the missing data. 

Using the alternative approach, the SSC recommended ABCs that resulted in commercial quotas of approximately 40 million pounds for 2016, 39 million pounds for 2017, and 38 million pounds for 2018. This represents a 20% reduction in quotas from 2015 to 2016. However, landings have been below 50% of the commercial quotas for the last two full fishing years, and the reduced quota is unlikely to be constraining. 

After considering additional public comment during last week’s meeting, the Council accepted the SSC’s revised ABC recommendation and associated management measures. The New England Fishery Management Council also approved similar specifications at its December meeting for this jointly-managed species, and if approved by the National Marine Fisheries Service, the new measures will go into effect May 1, 2016.

Slight Increase in Days at Sea Voted for 2016 East Coast Scallop Fishery

SEAFOODNEWS.COM [The Editor’s View] by John Sackton — December 14, 2015 — The New England Fishery Management Council voted to recommend a slight increase in Days at Sea for the 2016 scallop fishery, from 31 days to 34.5 days.

At the same time, they left the allocation in the limited access areas to 51,000 lbs per vessel, the same as in 2015.

On paper this would lead to landings of about 47 million pounds, which is close to what was forecast initially for 2015 as well. However, 2015 landings are falling far short of that number.

The primary reason is the smaller size of scallops.  In the past five years, the average count sold on the New Bedford auction has mostly been in the 15 to 16 count per lb. range.  This year, industry sources say it is closer to 22 per lb.

The smaller scallops drastically cut into the fleet’s productivity because they are limited by number of fishing days, and by limits on crew size.  As a result, landings are down as much as 1/3 from preseason expectations.

Most observers do not expect a quick turnaround, and think 2016 landings will be similar or just slightly above those of 2015.

Graphic from New England Council Meeting showing Mean estimate of Scallop landings in Coming years.  (tons of meats)

However, the council’s biologists expect a bumper year crop the recruit to the fishery on both Georges Bank and the Mid-Atlantic, which will lead to sharply higher landings in a few years. 

Models suggest that landings will surpass 60,000 tons (132 million lbs of meats)  by 2019, if these young scallops survive.  That is 3 to 4 times current landings.

The council is also considering a change in the scallop fishing year to begin April 1st rather than March 1st.  There is a seasonal factor in scallops size, with the largest scallops caught more frequently in the April-July period. 

The days at sea and allocations have to be formally approved by NMFS to go into effect for 2016. 

This opinion piece originally appeared on SeafoodNews.com, a subscription site. It has been reprinted with permission.

New England council votes to increase scallop catch allowance for 2016

December 11, 2015 — The New England Fishery Management Council (NEFMC) has elected to increase fishing days at sea for the 2016/17 scallop season.

Total landings are projected to increase on the 2015/16 season, to around 47 million pounds, NEFMC told Undercurrent News.

The council chose its final preferred recommendations for ‘framework 27’, the sea scallop management plan, at its December meeting.

Days at sea have been recommended at slightly higher levels for next year — 34.55 compared to 31, per full-time vessel, this year, while the level of catch from access areas is the same as in 2015: 51,000 pounds per full-time vessel, or about 17 million pounds in total.

All limited access trips were assigned to the Mid-Atlantic access areas. The general category individual fishing quota increased from about 3m pounds this year to about 4.5m pounds.

If approved, they will be allowed to take about 1.5m pounds of that total from access areas, mostly the Mid-Atlantic access area, and around 300,000 pounds were made available from the northern part of Nantucket Lightship.

These remain recommendations; they still need to be approved. The National Marine Fisheries Service will publish a proposed rule in several months with what it plans to implement, before taking public comment and then publishing a final rule.

Read the full story at Undercurrent News

 

New England Fishermen File Lawsuit Over At-Sea Monitoring Mandate

WASHINGTON — December 9, 2015 — The following was released by Cause of Action:

Today, Cause of Action is announcing that its clients, David Goethel, owner and operator of F/V Ellen Diane, a 44-foot fishing trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit entity comprised of over 20 groundfishermen located up and down the eastern seaboard, are suing the U.S. Department of Commerce over a program that would devastate much of the East Coast’s ground fish industry.

The complaint challenges the legality of a federal mandate requiring groundfishermen in the Northeast United States to not only carry National Oceanic and Atmospheric Administration (“NOAA”) enforcement contractors known as “at-sea monitors” on their vessels during fishing trips, but to soon begin paying out-of-pocket for the cost of these authorities. In addition to the complaint, the Plaintiffs have filed a motion for a preliminary injunction that would protect fishermen from having to bear the costs of the at-sea monitors.

“Fishing is my passion and its how I’ve made a living, but right now, I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay out of pocket for at-sea monitors,” said Goethel.  “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy. I’m grateful to Cause of Action for giving my industry a voice and helping us fight to preserve our way of life.”

“The fishermen in my sector are hard-working and compassionate folks who would give the shirts off of their backs to help a fellow fisherman in need,” said Northeast Fishery Sector 13 Manager John Haran. “Our sector will be effectively shut down if these fishermen are forced to pay, themselves, for the cost of at-sea monitors.”

“By the federal government’s own estimate, this unlawful regulation will be the death knell for much of what remains of a once-thriving ground fish industry that has been decimated by burdensome federal overreach,” said Cause of Action Executive Director Dan Epstein. “Americans, particularly those who enjoy good, quality seafood, should be extremely concerned that an industry that has been around since before our nation was even founded is slowly going extinct, having been left out at sea by a federal government that seems more interested in caving to special interests than protecting jobs, families and consumers everywhere.”

 

BACKGROUND: 

“Catch Shares” are a fishery management tool that dedicates a secure share of quota allowing fishermen or other entities to harvest a fixed amount of fish. Since 2010, the National Oceanic and Atmospheric Administration has coerced New England groundfishermen like Mr. Goethel into joining a form of catch shares known as “sectors,” where they share quota, and are forced to invite federally-contracted monitors onto their boats anytime they set out to sea. 

Although the agency has claimed in Federal court that “Sector membership is voluntary; permit holders need not join a sector in order to be able to fish,” the reality is they have designed the alternative, known as the “common pool” to be so prohibitive, that fisherman are forced to join a sector to remain economically viable in the groundfish industry. 

Catch Shares were promoted heavily by environmental groups and NOAA during the first years of the Obama Administration. Former NOAA Administrator Jane Lubchenco, asserted that “fisheries managed with catch share programs perform better than fisheries managed with traditional tools.” She promised that catch shares are “the best way for many fisheries to both meet [federal mandates] and have healthy, profitable fisheries that are sustainable.” However, the promises made by Federal appointees and environmentalists have not been fulfilled in New England.

Unfortunately, it’s about to get much worse for these struggling fishermen, who are already policed by the U.S. Coast Guard, the National Oceanic Atmospheric Administration (NOAA) and agents from the U.S. Fish and Wildlife Service. Some time in “early 2016,”, NOAA will begin forcing them to pay the costs associated with having at-sea monitors watch over their shoulders.

This unlawful mandate will cost Mr. Goethel and the groundfishermen of Sector 13 hundreds of dollars per day at sea, which, for many of them, is the difference between sinking and staying afloat. In fact, according to a study produced by NOAA, nearly 60% of the industry will be rendered unprofitable if it is required to pay out of pocket for these monitors. 

NOAA has implemented the industry funding requirement for monitoring despite the fact that:

  • The Secretary of Commerce declared the groundfish fishery an economic disaster in 2012.
  • The industry continues to struggle with the precipitous decline in groundfish profitability, as evidenced by a four-year low in groundfish revenue of $55.2 million for Fishing Year 2013 – a 33.6 percent decline from Fishing Year 2010.
  • Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors, which NOAA has refused to properly utilize and allocate in accordance with congressional intent.
  • NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and “minimize adverse economic impacts on such communities.”
  • As mentioned above, NOAA itself produced a study indicating that upwards of 60 percent of the groundfish industry could be rendered unprofitable if it is required to pay for at-sea monitors.

About David Goethel:

Mr. Goethel, who has been fishing for over 30 years, holds a B.S. in Biology from Boston University, and worked at the New England Aquarium as a research biologist before choosing to go back out to sea as a fisherman. Mr. Goethel served two terms on the New England Fishery Management Council, and has been an advisor to seven state and federal fishery management boards, including the Atlantic State Marine Fisheries Commission and the governor’s commission on marine biology. Mr. Goethel has been awarded the National Fisherman’s Highliners Award for his active involvement in cooperative efforts to research and manage marine fisheries resources, and is a member of the Yankee Fishermen’s Cooperative.

About Northeast Fishery Sector 13:

Northeast Fishery Sector 13 is a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. The number of groundfishing activity within the sector has declined sharply in the past five years due to poor science and overregulation, which has resulted in quota cuts. Click here for more information about the sector.

About Cause of Action:

Cause of Action is a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair.

MEDIA CONTACT: Geoff Holtzman, geoff.holtzman@causeofaction.org, 703-405-3511

Read the Complaint here

Read the Motion here

Watch a YouTube video to learn more about the case here

Fishermen File Suit in N.H. Against NOAA Over Observers

December 9, 2015 — The following is an excerpt from a story published today in the Boston Globe. The plaintiffs in this lawsuit are David Goethel, who has been a fisherman for over 30 years and has served two terms on the New England Fishery Management Council, and Northeast Sector 13, a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. They are represented in the lawsuit by Cause of Action, a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair. 

A group of fishermen in the region filed a lawsuit Wednesday against the National Oceanic and Atmospheric Administration in federal district court in Concord, N.H., arguing that the agency violated their rights by forcing them to pay for a controversial program that requires government-trained monitors on their vessels to observe their catch.

The fishermen, who in the coming weeks will be required to pay hundreds of dollars every time an observer accompanies them to sea, argue that the costs are too much to bear and will put many of them out of business. 

They’re asking the court to prevent the regulations from taking effect when the federal dollars now subsidizing the program run out early next year. 

“I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay,” said David Goethel, one of the plaintiffs, who for 30 years has been fishing for cod and other bottom-dwelling fish out of Hampton, N.H. “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy.” 

The lawsuit alleges that, by forcing fishermen to pay for the monitors, regulators have violated their Constitutional rights and that their actions are “arbitrary, capricious, and an abuse of discretion.”

It adds that agency officials are “acting in excess of any statutory authority granted by Congress” and “improperly infringing on Congress’s exclusive taxation authority.”

As a result, the fishermen claim, the government’s authority to require the payments are “void and unenforceable.”

Fishing officials acknowledge that requiring the fishermen to pay for the so-called “at-sea monitoring” program will increase the hardship of fishermen who are already struggling with major cuts to their quotas. A federal report this year found that the costs could cause 59 percent of the region’s groundfishing fleet to lose money.

But agency officials have said that NOAA no longer has the money to pay for the program, and that by law, the fishermen were supposed to start paying for the observers three years ago.

The government has defrayed the costs because of the industry’s financial turmoil, said John Bullard, the agency’s regional administrator. In February, the agency told fishermen they would have to start paying later this year.

Bullard declined to comment on the lawsuit.

“NOAA Fisheries does not discuss ongoing litigation,” he said. “Independent of any litigation, we appreciate the challenge that paying for at-sea monitoring raises for fishermen.”

He and others noted that the fishermen may end up paying less than they expect for the observer program.

Read the full story at the Boston Globe  

Read the Legal Memo here 

Read the Complaint here

NEFMC proposal would limit access to hake fishery

December 8, 2015 — The New England Fishery Management Council is hosting a public meeting tonight in Gloucester as an initial step in possibly drafting an amendment that would modify the small-mesh multispecies fishery into a limited access fishery.

The meeting, to solicit public comment and gather information that ultimately would be used in the drafting of an environmental impact statement, is scheduled for 7 p.m. at the state Division of Marine Fisheries office at 30 Emerson Ave.

Currently, the small-mesh multispecies fishery, which includes whiting (silver hake), red hake and offshore hake, is an open fishery, accessible to any fisherman with the appropriate permit.

The proposal to limit access to the fishery is based in concerns “over unrestrained increases in fishing effort” in the small-mesh fishery, the council said.

“The need for the amendment is to reduce the potential for a rapid escalation of the small-mesh multispecies fishery, possibly causing overfishing and having a negative impact on red hake and whiting markets, both outcomes having negative effects on fishery participants,” council said.

Read the full story at the Gloucester Daily Times