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John Quinn Calls for More Flexibility for Councils Under Magnuson-Stevens Act

August 2, 2017 — WASHINGTON — The chairman of the New England Fishery Management Council is appealing to the U.S. Senate to allow for more flexibility under the Magnuson-Stevens Act.

The act serves as the governing standard for fisheries across the country.

Dr. John Quinn says annual catch limits (ACLs) and accountability measures (AMs) like at-sea monitors, while maintaining the integrity of fish stocks, can be of great harm to small fishing companies. “Councils need to be able to consider a wide variety of management tools without burdensome requirements,” said Quinn. “ACLs and AMs may not be the best tools for managing all fisheries.”

Quinn says he’d like to see regional fisheries granted to power to authorize alternative control mechanism or utilize ecosystem-based fishery managament tactics.

Read the full storm at WBSM

Senate Subcommittee Holds First Hearing to Guide Magnuson-Stevens Reauthorization

August 2, 2017 — The Magnuson-Stevens Act, the primary law regulating fisheries in federal waters, is in need of reauthorization, and Senate Commerce’s Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard on Tuesday held the first in a series of hearings to guide that process. And, unsurprisingly, the issue of climate change made waves.

Chris Oliver, assistant administrator of NOAA’s National Marine Fisheries Service, and John Quinn, chairman of the New England Fishery Management Council, pushed for a variety of changes, ranging from management of mixed stocks to more flexibility in how the Council Coordination Committee can monitor and collect data. But it was Sen. Richard Blumenthal who made the strongest case for change by criticizing the current system for failing New England’s fishing fleet and leaving the region’s fishermen “angry and frustrated beyond words.”

Because of climate change, Blumenthal said, fish that New England fishermen have traditionally sought were pushed north and fish from southern waters moved into New England. But catch limits for certain fish haven’t been adjusted to meet the reality facing New England fishermen, forcing them to return quota-exceeding fish to the ocean. Billions of dollars in profits are being lost, Blumenthal said, while fishermen from southern states come to New England waters to catch their migrating fish. “There is something profoundly unfair and intolerable about the situation,” he added. “In my view, it violates the present law.”

Quinn responded by pointing out that parts of the New England fishing industry are booming but agreed that groundfish fishermen are struggling. While the CCC’s process is to collect as much data as needed to produce accurate stock assessments, Quinn said they didn’t have “a simple solution for rising water temperatures or the ocean acidification,” which are the roots of the shifting fish populations.

Read the full story at Politico

NEFMC Chairman Testifies Tuesday in D.C.

August 1, 2017 — NEW BEDFORD, Mass. — John Quinn will appear in front of the U.S. Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard as a representative of the nation’s fisheries on Tuesday at 10 a.m. in Washington D.C.

The Director of Public Interest Law Program at UMass Law School in Dartmouth is also the chairman of the New England Fishery Management Council and the national chair of the Council Coordinating Committee.

The hearing is the first in a series to examine the nation’s fishery laws and the reauthorization of the Magnuson-Stevens Act, which is discussed about every decade. The second is scheduled for Aug. 23 in Alaska.

Read the full story at the New Bedford Standard-Times

U.S. Senate Takes Up Fisheries Reform

Rep. Frank Pallone and Sen. Bob Menendez make the rounds in Atlantic Highlands talking with recreational fishermen, while back in DC their fellow congressmen are tackling fisheries reform.

July 31, 2017 — U.S. Senator Dan Sullivan (R-AK), chairman of the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, will convene a hearing on the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) starting at 10 a.m. on Tuesday, August 1.

This hearing is the first in a series of Senate hearings to examine the state of our nation’s fishery laws and guide the reauthorization of our federal fisheries law. Witnesses slated to testify include Dr. John Quinn, chairman of the New England Fishery Management Council Chairman, and Christopher Oliver, newly appointed Assistant Administrator for the National Marine Fisheries Service (NMFS).

In early July, the recreational fishing and boating community praised the Senate introduction of the Modern Fish Act by Senators Roger Wicker (R-MS), Bill Nelson (D-FL), Roy Blunt (R-MO), Brian Schatz (D-HI), John Kennedy (R-LA) and Joe Manchin (D-WV). Supported by the American Sportfishing Association, National Marine Manufacturers Association, Recreational Fishing Alliance, Coastal Conservation Association, Congressional Sportsmen’s Foundation, International Game Fish Association and other groups, the new bill in the U.S. Senate (S.1520) would improve public access to America’s federal waters, promote conservation of our natural marine resources and spur economic growth within the recreational fishing community.

Read the full story at The Fisherman

What’s next for Carlos Rafael?

July 31, 2017 — The “Codfather” quashed any hopes for high courtroom drama when he pleaded guilty in March to falsifying fish quotas, false labeling of fish species, conspiracy and tax evasion, 28 counts in all.

The real action is behind the scenes, as federal and defense attorneys wrestle over the fate of New Bedford fishing mogul Carlos Rafael’s fishing empire, said to be one of the largest groundfish fleets in the nation.

It’s something Cape fishermen, and fishermen all over New England, are debating and watching closely.

“I’ve said before, there is no place in fishing for Mr. Rafael. If that’s part of the global solution (the larger deal being worked out between NOAA and Rafael’s attorneys) every fisherman I’ve spoken to up and down the coast feels that’s a good outcome,” said John Pappalardo, chief executive officer of the Cape Cod Commercial Fishermen’s Alliance and a member and former chairman of the New England Fishery Management Council. Many fishermen want the courts and the National Oceanic and Atmospheric Administration to make an example of Rafael and send a message that illegal fishing practices won’t be tolerated.

They are also interested in what happens to the money collected in fines and forfeitures and the fate of the many fishery permits and quota controlled by Rafael.

Read the full story at the Cape Cod Times

NEFMC Chair Dr. John Quinn to Testify on MSA Reauthorization

July 26, 2017 — The following was released by the New England Fishery Management Council:

New England Fishery Management Council Chairman Dr. John Quinn is scheduled to testify before the U.S. Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard on Tuesday, Aug. 1 at a 10 a.m. hearing on reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The subcommittee is under the wing of the U.S. Senate Committee on Commerce, Science & Transportation. Dr. Quinn, who is Director of Public interest Law Programs at the University of Massachusetts School of Law, will be speaking on behalf of the Council Coordination Committee (CCC). The CCC is comprised of the leadership teams of all eight of the nation’s regional fishery management councils.

“I’m honored to be testifying before the Senate subcommittee on behalf of my fellow Council chairmen, vice chairs, and executive directors,” said Dr. Quinn. “We discussed Magnuson-Stevens Act reauthorization extensively at our mid-May CCC meeting in Gloucester, Massachusetts, and I look forward to presenting our position during the hearing.”

The MSA is the primary law governing marine fisheries management in U.S. federal waters. It was first passed in 1976 as the Fishery Conservation and Management Act, extending U.S. jurisdiction out to 200 nautical miles and establishing the regional fishery management council system. The act underwent two major reauthorizations – the first in 1996 through the Sustainable Fisheries Act and the second in 2007, resulting in the current Magnuson-Stevens Act.

Sen. Dan Sullivan (R-AK) chairs the 17-member subcommittee that scheduled this Aug. 1 hearing. Chris Oliver, the newly appointed assistant administrator for NOAA Fisheries, also will be testifying. Live video with opening statements, witness testimony, and questioning will be available at the Senate link below. The hearing will focus on “NOAA and Council Perspectives” related to MSA reauthorization issues.

The subcommittee has scheduled a second hearing for Aug. 23 in Soldotna, AK. This hearing will focus on the MSA’s “fisheries management successes and challenges.”

  • Documents related to the Aug. 1 and Aug. 23 hearings, as they become available, will be posted at: https://www.commerce.senate.gov/public/index.cfm/oceansatmospherefisheriesandcoastguard
  • Information about the MSA, including the act’s history and past reauthorizations, is available at: http://www.nmfs.noaa.gov/sfa/laws_policies/msa/index.html

Fishery research steering committee meeting today

July 19, 2017 — The New England Fishery Management Council Research Steering Committee is scheduled to discuss completed research on the commercial redfish fishery at its meeting today.

Also on the agenda is presentation on creating a vision for the future of stock assessment using technologies in development and review of completed research projects on the topics of recreational discard mortality, and fishing gear conservation engineering.

Committee members also planned to discuss on how recently set priorities may be accomplished and potential improvements to the priority setting process; hear an update on recent Northeast Cooperative Research Program activities; and discuss the recent programmatic review and development of recommendations for how the program may help address Council research priorities and other improvements.

Read the full story at the Gloucester Times

NOAA Officials May Be Deleting Their G-Chats

July 6, 2017 — The National Oceanic and Atmospheric Administration (NOAA) might illegally be destroying records of a recent meeting discussing new regulations against the fishing industry, according to a conservative legal group in Washington, D.C.

Cause of Action Institute (CoA) filed a lawsuit Wednesday against the NOAA to obtain communications during a New England Fishery Management Council meeting hashing out new rules foisted upon the country’s fishing industry. The group believes the agency is deleting Skype and Google Chat conversations that took place during the April meeting.

The NOAA General Counsel considers communications through Google Chat to be off the record and will not be recorded anyway, according to a 2012 handbook guide CoA obtained. CoA disputed the agency’s claim, and pointed to provisions within the National Archives and Records Administration (NARA).

The NARA, which maintains government records, states that any communications created on NOAA’s Gmail interface qualify under the Federal Records Act. CoA Institute requested e-mails, instant messaging, Google chat messages, text messages, and any Skype messages NOAA employees sent during the April 18–20, 2017 NEFMC meetings.

Read the full story at The Daily Caller

Lobstermen win right to fish in coral protection zones

July 5, 2017 — Last month, the New England Fishery Management Council voted to prohibit most fishing in two prime areas off the Downeast coast, but the ban aimed at protecting deep sea corals won’t affect Maine lobstermen.

Meeting in Portland, the council approved two coral protection zones in the Gulf of Maine as part of a wider Omnibus Deep-Sea Coral Amendment.

The Outer Schoodic Ridge zone comprises a roughly rectangular area 12.8 miles long in a northeast to southwest direction and about 2.4 miles wide comprising 30.5 square miles located some 25 southeast of Mount Desert Island with water depths ranging from roughly 350 to more than 800 feet.

The five-sided Mount Desert Rock zone includes an area of 8.2 square miles with a perimeter of 13.7 miles extending southwest of the tiny islet, which lies about 20 miles south of MDI. Water depths in the coral protection zone range from 330 to 650 feet.

As part of a wider action aimed at protecting fragile deep sea corals along the Northeast Atlantic coast, the council banned the use of all bottom-tending mobile gear in the two protection zones. The prohibition includes gear such as trawls used to harvest groundfish and dredges used to harvest shellfish such as ocean quahogs and scallops.

“I’m very pleased the council struck a balance that provides protection for corals and will enable additional research on fishing gear impacts to corals, while ensuring millions of dollars of continued economic opportunity for Maine’s Downeast communities,” DMR Commissioner Patrick Keliher said in an email last week. “I’m also grateful that industry stepped up to provide the detailed information on potential impacts that helped the council make a fully informed decision.”

Read the full story in the The Ellsworth American

U.S. Commerce Department Announces Appointments to Regional Fishery Management Councils for 2017

June 29, 2017 — The following was released by NOAA:

The U.S. Commerce Department today announced the appointment of 22 new and returning members to the eight regional fishery management councils that partner with NOAA Fisheries to manage ocean fish stocks. The new and reappointed council members begin their three-year terms on August 12.

The Magnuson-Stevens Fishery Conservation and Management Act established the councils to prepare fishery management plans for their regions. NOAA Fisheries works closely with the councils through this process and then reviews, approves and implements the plans. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks and manage them sustainably.

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories and tribal governments.

Council members are appointed to both obligatory (state-specific) and at-large (regional) seats. Council members serve a three-year term and can be reappointed to serve three consecutive terms. Asterisks preceding a member’s name indicate a reappointment.

New England Council (*denotes reappointment)

The New England Council includes members from Connecticut, Maine, Massachusetts, New Hampshire and Rhode Island. 2017 appointees will fill four at-large seats.

  • Peter Kendall* (New Hampshire)
  • Elizabeth Etrie* (Massachusetts)
  • John Pappalardo* (Massachusetts)
  • Ernest F. Stockwell (Maine)

Mid-Atlantic Council

The Mid-Atlantic Council includes members from the states of Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania and Virginia. 2017 appointees will fill obligatory seats for Maryland, North Carolina, New York, Pennsylvania and one at-large seat.

Obligatory seats:

  • Earl Gwin (Maryland)
  • Francis Hemilright* (North Carolina)
  • Steven Heins (New York)
  • G. Warren Elliott* (Pennsylvania)

At-large seat:

  • Laurie A. Nolan* (New York)
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