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JOHN BULLARD: There Is No Silver Bullet for Groundfish

June 16, 2017 — The great philosopher Yogi Berra said, “You can observe a lot by watching.” You can also learn a lot by listening. I try to do a lot of listening. I think it’s the most important part of my job, and of all of our jobs at the Greater Atlantic Regional Fisheries Office and the Northeast Fisheries Science Center.

With all of the activity in the last couple of months, there has certainly been a LOT to listen to. For example, we held recreational roundtable meetings in New Jersey and New Hampshire and a commercial roundtable in New Bedford. We also attended the New England and Mid-Atlantic Fishery Management Council meetings and an Atlantic States Marine Fisheries Commission meeting. And let’s not forget the daily meetings, emails, and phone calls with stakeholders.

What did we hear? We heard about recreational catch estimates and allocations among different fishing sectors. We heard reports on the Standardized Bycatch Reduction Methodology and observer coverage for last year and next. We heard progress reports on electronic monitoring projects. And, in every hallway, there has been talk of the Carlos Rafael case and its potential impact on the groundfish industry.

While obviously I can’t comment on the specifics of an ongoing case, I am going to comment on a larger issue that I think is important. To put it briefly: There’s no such thing as a silver bullet.

When people come up to me passionately lamenting that Amendment 18 will not do enough to address consolidation within the groundfish fleet, I understand their passion. The power of a very large fleet can be misused. But, I wonder if they are looking to Amendment 18 to be a silver bullet that will singlehandedly solve this problem.

Some blame sector management for our troubles. I don’t buy it. Instead, I see the ability of the private sector to manage quota with accountability, flexibility, and initiative. All of these are necessary ingredients for a healthy fishing industry, especially in tough times.

At many meetings, people line up to decry the science and management. And yet, some of the same people who condemn the status quo are the ones who advocate for no action. It causes me to wonder whether or not we share the same sense of urgency towards improving the accuracy of our data, which is needed to gain more confidence in our scientific models, which is needed to improve our management. The status quo is short-sighted and leaves us with few options.

I see a system under a lot of stress. When there is a lot of stress, there is a tendency to blame:  Blame the science. Blame woeful observer coverage levels. Blame errors in reporting or illegal discarding. Blame the management. Blame fleet consolidation or the sector system. Blame overfishing over the years. Blame warming ocean waters. Blame NOAA Fisheries. Blame the Councils. Point the finger somewhere.

Just as there is the tendency to blame, there is also the quest for the silver bullet. While understanding causes is essential to providing solutions, an emphasis on blame can be distracting and destructive, especially if the fingers never point in the mirror. The solution is likely to be a network of responses rather than a single answer. A network that will provide accuracy, accountability, and efficiency.

I think that network of answers has several fundamental elements:

  • A renewed management focus on optimum yield and business flexibility that follows on the heels of improved monitoring and complete accountability, and that provides diversity and stability to the groundfish fleet.
  • A revamped Office of Law Enforcement that will continue to help fishermen comply with the rules and root out the few bad apples. Nearly every single fisherman works hard to comply with complicated regulations to bring quality seafood to the consumer. So when the occasional violator decides the rules don’t apply to him, that person is stealing from his neighbors and emboldening others to cheat, and needs to be brought to justice. Our Law Enforcement team is doing just this with increasing efficiency.
  • An improved monitoring program that will provide full accountability and full coverage. The program will tap into emerging technologies with increased use of electronic monitoring coverage by either the “trust but verify model” or “maximized retention/ dockside sampling model.” The resulting increase in accuracy and shared sense of responsibility for effective monitoring and management of this fishery may allow uncertainty buffers to be reduced, which could then allow us to increase quotas.
  • Improved and integrated science that includes fishermen and their insights into the design, implementation, and interpretation of science, a wider understanding of ecosystem changes, and better communication and coordination with stakeholders, all of which ultimately leads to wider acceptance of results. The best science is transparent, timely, adaptable to our rapidly changing environment, and allows us to make better management decisions.

There is no silver bullet. Each of these elements is equally important in transforming the groundfish fishery into a one that provides a stable source of protein for U.S. consumers, and a stable source of jobs for New England fishermen.

New England groundfish is certainly not the only fishery with high profile enforcement cases or challenging scientific questions. But these issues are most acute in groundfish—one of the most iconic and complex fisheries in the world. The fishery has been dealt a series of devastating blows, and the cumulative effects have finally caught up to us.

Yogi Berra also said, “When you come to the fork in the road, take it.” Well we’re at a fork in the road in groundfish management. The status quo has gotten us record low abundance in some stocks, arguments about the science, pressures to discard legal fish that have proven as irresistible to avoid as they are to acknowledge, and all of us skirting the truth in many ways at a cost to the fishery and future generations. Seeking accuracy should not be something that anyone gets penalized for. Rather, we must remove the disincentives for full accountability and full coverage. We have to bring illegal discarding out of the shadows. Talk about it. Acknowledge it. Account for it.

If anyone thinks that the status quo is good enough, then they haven’t been paying attention.

Read the full statement here

MASSACHUSETTS: New Bedford Fishing Heritage Center Celebrates First Anniversary

June 13, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center invites the public to join us as we celebrate our 1st anniversary on June 24th and 25th.  The weekend will feature a model boat show, walking tours, performances of maritime music and storytelling, and anniversary cake. 

On Saturday, June 24th, Big Boats, Little Boats will take place from 10:00 a.m. to 3:00 p.m. at the Center and on Pier 3.  This free event features a model boat show; walking tours of the working waterfront; a fishing vessel tour; mini-tugs dockside at Pier 3; and Center exhibits.  In addition, Whaling City Expeditions will offer harbor tours at a reduced rate with coupon. 

That evening, The Souls of the Sea Trio will perform from 7:00 p.m. to 9:00 p.m. The benefit concert takes place under a tent at the Center and features Allen Estes, Sal Baglio, and Matt Leavenworth. These three nationally acclaimed singers, songwriters, and musicians perform musical tributes to the lives and experiences of the fishermen of the North Atlantic and their families. Their original and musically diverse songs are a unique interpretation of life around the working waterfront. A cash bar will be available. Tickets for the concert are $20 and all proceeds benefit the Center.

On Sunday, June 25th, the public is invited to the anniversary party from 11:00 a.m. to 2:00 p.m.  The New Bedford Harbor Sea Chantey Chorus kicks off the event at 11:00 a.m. Following welcome remarks by Laura Orleans, Executive Director, and Phil Mello, Board Chair, anniversary cake by Ellen’s Creations and ice cream from the Ox Cart will be served.  Storyteller Jackson Gillman will perform at 12:45 p.m.  In addition, children’s craft activities will be available and the Ox Cart will be selling food and beverages.

The Center is grateful to BayCoast Bank and the National Endowment for the Arts for their generous support of these events.

The New Bedford Fishing Heritage Center is dedicated to preserving and presenting the story of the commercial fishing industry past, present, and future through exhibits, programs, and archives. The Center is open free of charge, Thursday through Sunday 10:00 a.m. to 4:00 p.m. and is located at 38 Bethel Street, in the heart of the National Park. The Center is wheelchair accessible and has free off-street parking. For more information, please email programs@fishingheritagecenter.org or call the Center at (508) 993-8894.

Fish council likely give input on Rafael permits

June 13, 2017 — The New England Fishery Management Council could adopt a formal recommendation to NOAA Fisheries on the ultimate redistribution of Carlos Rafael’s groundfish permits when it convenes next week in Portland, Maine.

The council, set to meet next Tuesday through Thursday, faces a busy agenda of items, including a summary of public comments on groundfish monitoring, as well as possible final actions on the coral amendment and the framework dealing with skates.

But the question of what should happen to Rafael’s stable of more than 40 groundfish permits once the New Bedford fishing magnate is sentenced — now scheduled for July 28 — may generate the most heat at the three-day meetings.

“That issue has generated a lot of interest and opinion among the fishing community and the council could develop an official comment that could be positioned in a recommendation letter to (NOAA Fisheries),” said Janice Plante, council spokeswoman.

The council is set to hear from its Groundfish Committee late next Tuesday morning, including a discussion on the interim final rule for 2017 and 2018 fishing sector operation plans and “whether measures or restrictions should be recommended for Sector 9 due to misreporting by sector vessels.”

As part of an agreement with federal prosecutors, Rafael pleaded guilty in late March to falsifying fish quotas, conspiracy and tax evasion. The man known on the docks as “The Codfather” may have to surrender up to 13 of his groundfishing vessels — which continue to fish as members of Northeast Fishing Sector 9 — and will pay almost $109,000 in restitution to the Internal Revenue Service.

The commercial groundfish industry has roiled over the question of what to do with all of Rafael’s groundfish permits now that he has pleaded guilty to multiple federal charges.

Officials and fishing stakeholders in New Bedford have insisted the permits should remain there, even if divvied up to other groundfishermen. Other stakeholders — such as Maggie Raymond, executive director of the Associated Fisheries of Maine — argue that Rafael should be stripped of all of his permits.

Read the full story at the Gloucester Times

Director of New Bedford Fishing Heritage Center to receive Massachusetts History Commendation

June 7, 2017 — The following was released by the New Bedford Fishing Heritage Center: 

The New Bedford Fishing Heritage Center is pleased to announce that its Executive Director, Laura Orleans, will receive the Massachusetts History Commendation at this year’s Massachusetts History Conference.  The award recognizes individuals who have made an outstanding contribution to the interpretation and presentation of Massachusetts history.  The award ceremony will take place at the 2017 Mass History Conference to be held on June 12 at the College of Holy Cross, Worcester. 

Ms. Orleans will be recognized for her more than 20-year commitment to documenting and presenting community history of New Bedford’s working waterfront. Her work emphasizes programming that gives voice to those who are often unheard and helps communities find common ground. These ideals drove her early career as an ethnographer and folklorist and also led her to more recent work as Founding Director of both the Working Waterfront Festival and the New Bedford Fishing Heritage Center. Orleans is also an Archie Green Fellow with the Library of Congress, documenting workers in the shore-side trades of the New Bedford/Fairhaven fishing industry. 

Now in its 13th year, the Massachusetts History Conference draws hundreds of organizations each year to discuss preserving, interpreting, and deepening the exploration of Massachusetts history. This year’s conference will focus on the ways that public history organizations and institutions large and small inspire and engage audiences and constituencies.  

The event is co-sponsored by Mass Humanities and a coalition of historical organizations around the state. The full program and registration information are available online at masshumanities.org. Mass Humanities joins the rest of the conference committee in congratulating the awardees. 

The New Bedford Fishing Heritage Center is dedicated to preserving and presenting the story of the commercial fishing industry past, present, and future through exhibits, programs, and archives.

MASSACHUSETTS: Opening of Taken Out to Sea: Fishermen’s Photography

May 30, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center is pleased to announce the opening of Taken Out to Sea: Fishermen’s Photography. An opening reception will take place on June 8, 2017 at 7:30 during AHA and will run until July 30, 2017.  This exhibit provides fishermen with an opportunity to share their world.

Commercial fishermen venture off-shore where very few of us will ever go. They experience the beauty of sunrises and sunsets at sea, encounter marine life only seen by most in aquariums, and endure the power of nature at its worst. 

While they can describe all they see, words do not always have the same power as an image.  For many years, fishermen could not truly share their world with their loved ones at home. With the advance of camera technology, fishermen can capture and share images. Come see their photographs as they take us out to sea.

The exhibit is supported in part by an award from the National Endowment for the Arts and  is presented by New Bedford Fishing Heritage Center and Community Economic Development Center.

The Center is open Thursday – Sunday 10:00 a.m. to 4:00 p.m. Admission is free. Located at 38 Bethel Street in the heart of the National Park, the Center is wheelchair accessible with free off-street parking. 

The New Bedford Fishing Heritage Center is dedicated to preserving and presenting the story of the commercial fishing industry past, present, and future through exhibits, programs, and archives. For more information please contact the New Bedford Fishing Heritage Center at programs@fishingheritagecenter.org or call (508) 993-8894.

MASSACHUSETTS: Black sea bass poachers on Buzzards Bay return with the season

May 28, 2017 — Harbormaster and shellfish employees waded knee-deep in the Wareham River last weekend, fetching dead, floating fish and dropping them into black plastic trash bags.

Each fish would serve as evidence. An angler had spied Environmental Police seizing 225 black sea bass from another boat and dumped his own illegal catch to avoid arrest.

On the same sunny Sunday, beach-goers snapped cellphone pictures of boats that buzzed to the shoreline to drop off coolers, which Wareham Harbormaster Garry Buckminster believes were filled with illegal fish. The boats then motored back offshore to catch more.

“It’s really a wild west in some of these areas,” Buckminster said.

Black sea bass season had officially begun.

Hundreds of anglers converged on Wareham, Mattapoisett and other SouthCoast communities to take advantage of the pristine fishing conditions and haul sea bass from close-to-shore shallow waters. Most began the recreational season bagging the limit of five per person. But others hauled in 30 times that much, likely with their eyes on the black market, where black sea bass can sell for $5 a pound.

“As long as you have people buying the stuff, people are going to poach it,” Maj. Pat Moran of the Environmental Police said.

Smugglers stow the bass in hidden compartments within their boats, using false bottoms, plastic bags and beer coolers to collect their catch. Then it’s a rush to shore and out of town before they’re spotted by environmental police.

“They’ve really got their racket put together,” Buckminster said. “They’d going to do whatever they can. They’ve got a plan in place and they’re trying to make it happen.”

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Fishermen lost at sea remembered at Seaman’s Bethel

People filled the newly-restored Seamen’s Bethel to the rafters Monday to pay their respects to fishermen who have lost their lives at sea and to pray for the safe return of the men who currently fish the Atlantic.

Retired Probate Court Judge Armand Fernandes and Bruce Oliveira took turns reading nearly 300 names of local fishermen who have been lost at sea. Each time a name was read from the bow of the ship, which is the pulpit at the Bethel, a solitary bell was struck, resonating throughout the confines of the chapel.

Both Fernandes and Oliveira are members of the New Bedford Port Society’s Executive Board. Fernandes is the first vice president and Oliveira is the assistant treasurer and was the chairman of the Development Committee of the more than $3 million restoration of the Seamen’s Bethel and Mariners’ Home on Johnny Cake Hill.

Monday’s event was sponsored by the Offshore Mariners Wives’ Association and the New Bedford Port Society.

As Fernandes and Oliveira read the names, spectators read along with the names of the deceased fishermen listed in their programs.

New Bedford Mayor Jon Mitchell said for most people the commute to work is pretty routine compared to a commercial fisherman. Their commute could be “a life or death event,” he said.

“It is dangerous out there, very dangerous,” and the stress and uncertainty weighs heavily on the families in the fishing community, he said.

Read the full story at the New Bedford Standard-Times

Carlos Rafael wins sentencing delay

May 24, 2017 — The sentencing of New Bedford fishing mogul Carlos Rafael has been moved off another month and he now is expected to hear his fate on July 28 in U.S. District Court in Boston.

Rafael, who pleaded guilty in late March to falsifying fish quotas, conspiracy and tax evasion, requested the extension. He said he needs more time gather and provide the relevant — and voluminous — financial records that are the center of the federal government’s case against him.

Rafael, 65, initially was set to be sentenced by U.S. District Court Judge William G. Young on June 27.

“The short continuance requested in this motion will allow Mr. Rafael to complete this process such that the information can be presented in the pre-sentence report and considered at sentencing,” William H. Kettlewell, Rafael’s attorney, wrote in his motion for the extension.

Prosecutors did not oppose the extension.

Under his plea agreement with federal prosecutors, Rafael may have to surrender up to 13 of his groundfishing vessels and must pay almost $109,000 in restitution to the Internal Revenue Service.

Rafael, known throughout New England as the “Codfather” because of his vast vessel and permit holdings, could face up to 76 months in prison on the three charges — far less than the up to 20 years he would have faced under the original 27-count indictment.

Federal prosecutors have recommended a prison sentence of 46 months and a significant period of supervised release.

Read the full story at the Gloucester Times

EDF proposes steep fines on Rafael to create ‘Groundfish Monitoring Fund’

May 23, 2017 — Carlos Rafael can do some good for the fishing industry, fishermen and fish stocks he so badly damaged during his decades of fraud, argue Environmental Defense Fund (EDF) leaders Matt Tinning and Johanna Thomas in a recent opinion piece in South Coast Today. 

“Leaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.”

Specifically, they call for the creation of a a Groundfish Monitoring Fund. Tinning is senior director of the EDF’s US oceans program; and Thomas is the New England regional director for EDF.

They argue, “One of the major causes of the New England cod crisis, and a key enabler of Rafael’s crimes, is inadequate monitoring of the groundfish fleet,” they state in the article. “Only one out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery can’t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafael’s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

“A Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.”

Read the full story at Undercurrent News

EDF: Rafael’s assets should be seized, fund fishery restoration

May 21, 2017 — After decades of fraud, Carlos Rafael can finally do some good for the fishing industry, fishermen and fish stocks he so badly damaged.

Mr. Rafael reaped tens of millions of dollars, mislabeling millions of pounds of fish to mislead regulators and exceed quota limits. In the process, he was not just breaking the law — he was undermining sustainability in the New England groundfish fishery, cheating his fellow fishermen of their future.

Mr. Rafael amassed an empire of more than 40 fishing boats and 44 fishing permits, making his one of the largest commercial fishing companies in the country. Now, having pleaded guilty to a raft of charges including false labeling, conspiracy and tax evasion, he faces the potential for serious jail time when he is sentenced on June 27. But that should just be the beginning. NOAA, the IRS and the federal judge in this case have an unprecedented opportunity to dispense justice in a way that can transform this iconic fishery.

Leaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.

Specifically, we are calling for the creation of a Groundfish Monitoring Fund. One of the major causes of the New England cod crisis, and a key enabler of Rafael’s crimes, is inadequate monitoring of the groundfish fleet. Only 1 out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery can’t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafael’s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

A Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.

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

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