Saving Seafood

Drug testing a touchy issue on New Bedford’s waterfront

April 4, 2016 — NEW BEDFORD, Mass. — The thrum of the boat’s engine was audible last fall as local scalloper Rick Lynch, 44, talked frankly about his personal experiences and observations of drug use on New Bedford’s waterfront, now and nearly 30 years ago.

A New Bedford native who lives in Dartmouth, Lynch has been around long enough to fall into a few bottles, or needles, and climb back out again. He said he’s been sober for about 15 years, and a captain of scallop boats for about 14. Lynch supports mandatory drug testing in the fishing industry, but the idea might gain little traction on the regulation-wary waterfront — even after drug arrests on outbound fishing boats last month.

Understanding Lynch’s views about the present, though, means hearing about his past. He said he was 16 when he started working on local fishing boats, in the late ‘80s.

“Back then, Union Street was crazy,” Lynch said. “There was cocaine running around, there was heroin everywhere. There used to be bags of cocaine on the galley table on the boat, because we were working crazy hours back then, you know. Everything was illegal, in what we did fishin’. I mean, we brought in illegal small scallops because there was a scallop count back then. We were jumping over the Canadian line and staying up for days because we’d loaded the boat so much. Guys were eating No-Doz like they were going crazy — or eating Dexedrine, diet pills.

“And then when we came home, we drank,” Lynch continued. “All weopi did was drink. For years, I didn’t make it one block up Union Street, you know? I wasn’t even of age to drink and I had a tab at the National club, you know? I was 17 years old and I had a tab in a bar. Because that was acceptable if you were a fisherman back then — the police didn’t even go into those bars back then. If they did, they were drinking with us.”

In the wake of those times, and amid what could be a rising wave of drug use on New Bedford’s waterfront — where federal and local law enforcement raided 11 boats and made four opiate arrests over two days in March, in the second such raid this year — Lynch floated the idea of mandatory drug tests on commercial fishing boats, for crew members as well as captains and mates.

“I mean, there is no mandatory drug testing in this industry, you know, where there is in every other maritime industry,” Lynch said. “You get on a tugboat, you gotta have drug tests. You get on a ship, you gotta have drug tests.”

New drug-testing policies are just one idea of many that could rise to the surface as groups including Fishing Partnership Support Services, the Massachusetts Fishermen’s Partnership and others work to provide resources and support for fishermen amid the nationwide opioid epidemic, which is devastating entire communities and knows no borders.

Several longtime fishermen and industry leaders told The Standard-Times, though, that despite last month’s arrests and a drug-related death on the water in February, mandatory testing could be a tough sell.

Retired fisherman Rodney Avila, for example, said imposing mandatory drug tests on crew members would be one more regulation for fishermen and boat owners who already feel beset by them.

“There’s enough mandates on the fishing industry as it is,” said Avila, who owned three New Bedford-based groundfish boats, or “draggers,” between 1968 and 2013. “How much can these guys take?”

Avila is a former marine superintendent for New Bedford’s Harbor Development Commission and a former SouthCoast member of the New England Fishery Management Council. He emphasized — as have numerous fishermen, industry leaders and city officials in recent weeks — that the drug arrests unjustly stain the scores of clean, hard-working fishermen in New Bedford.

Read the full story at The New Bedford Standard-Times

At-sea monitoring fees are the latest threat to New Hampshire’s dwindling fishing industry

April 1, 2016 — Working as both a biologist and a fisherman, David Goethel brings a unique perspective to the state and federal fishery management boards he’s an adviser on. 

“I’ve spent all my life acting as a translator because they speak all different languages,” says Goethel, who worked as a research biologist at the New England Aquarium before he became the owner and operator of the Ellen Diane, a 44-foot fishing trawler based out of Hampton. 

But the most recent disconnect between the factions has resulted in Goethel and other groundfishermen filing a federal lawsuit. 

After delaying the regulation for years, the National Oceanic and Atmospheric Administration is now requiring groundfishermen to pay for the at-sea monitoring program — at a cost of an average $710 per trip, conducted at random. The monitoring is done to ensure that the fishermen adhere to groundfish catch quotas set in May 2010 by the New England Fishery Management Council, under NOAA. (Groundfish include cod, haddock and other common bottom-dwelling species.) 

Read the full story at the New Hampshire Business Review

Marine monuments proposal near Cape Cod stirs debate

April 1, 2016 — In September of 2014, President Barack Obama expanded on a national marine monument created by President George Bush in 2006.

The protection of more than 490,000 square miles of ocean surrounding a group of remote Pacific islands from commercial fishing remains the largest marine reserve in the world.

This week, marine scientists and a battalion of environmental groups made their case for a similar presidential designation of two more national marine monuments, Cashes Ledge, to the north of Cape Cod, and the Coral Canyons and Seamounts Area, a collection of five deep-water canyons and four extinct volcanoes 150 miles southeast of the Cape.

Environmentalists gathered over 150,000 comments, as well as letters from hundreds of marine scientists and more than 50 state legislators from New England states in support of the designations. Proponents believe the change would be relatively painless for the fishing industry.

“When you look at a map of fishing effort, you couldn’t choose anyplace in New England that has less,” said Peter Baker, the Pew Charitable Trusts director for U.S. Oceans Northeast. “Cashes is the last best example of an intact ecosystem.”

Read the full story at the Cape Cod Times

Number of New Hampshire groundfishermen continues to decline

March 30, 2016 — PORTSMOUTH, N.H. — The number of New Hampshire boats fishing for groundfish has continued to decline, with only five full-time groundfisherman left in the state.

Fishermen have been catching haddock, cod and flounder off the coast and selling it in New Hampshire for centuries. But fishermen said that quotas and regulations over the past decade that are meant to protect groundfish have made it almost impossible to make a living.

The regulations have also affected other fishermen. At Tuesday’s regional meeting of the New England Fishery Management Council, some complained they were unable to catch herring to use as bait because they were in the same area as regulated groundfish.

Read the full story at WMUR

President Obama Will Not Designate Cashes Ledge as a National Monument

WASHINGTON (Saving Seafood) — March 25, 2016 — Earlier today, a spokesperson for the White House Council on Environmental Quality told the Associated Press that Cashes Ledge is “not under consideration for a [national monument] designation at this time.” According to attendees at meetings held yesterday in Massachusetts, Christy Goldfuss, Managing Director at the White House Council on Environmental Quality, stated, “Based on feedback we received, we are not considering Cashes Ledge for any kind of action at this time.” Located approximately 80 miles offshore in the Gulf of Maine, Cashes serves an important and historic area that has been fished commercially and recreationally for decades.

The Northeast Seafood Coalition and Associated Fisheries of Maine noted in a joint statement that, “Consideration of National Monument designations in the offshore Canyon areas of Southern New England remains ongoing, and affected fishermen should remain vigilant in assuring that any concerns they may have are addressed.”  Fishing interests including the Atlantic red crab fishery, offshore lobster fishery, squid, mackerel, butterfish, tilefish, albacore wahoo,dolphinfish (mahi mahi), and others have interests in areas that remain on the table. Pelagic longline, rod and reel and greenstick fisheries including yellowfin tuna, bluefin tuna, bigeye tuna and swordfish could also be affected.

The New England Fishery Management Council (NEFMC) is in the midst of an ongoing process working with fishing, environmental and scientific interests to protect deep sea coral and other important sea bottom attributes in the Northeast Canyons. NEFMC executive director Tom Nies told Saving Seafood, “The Council’s recommendations to protect Cashes Ledge are still being reviewed as part of our Omnibus Habitat Amendment. The Council has not taken a position on any of the monument proposals that have been circulated, but the meeting in Boston did give us the opportunity to explain our deep-sea coral amendment process directly to Ms. Goldfuss. We are very pleased that CEQ traveled to New England to give us this opportunity. I think the industry and state representatives present also appreciated this face-to-face meeting and we all look forward to a continuing dialogue.”

In response to the announcement, Terry Alexander, President, Associated Fisheries of Maine said, “Commercial fishermen in New England face continuous regulatory uncertainty, so it is a relief to know that there is one less restriction on fishing to worry about. We believe that the President was persuaded by a lack of scientific information to support such a designation, as well as the position expressed by stakeholders that decisions about closing areas to fishing should take place under the process outlined in the Magnuson Stevens Fishery Conservation and Management Act (MSA).”

Vito Giacalone, Chair of Governmental Affairs for the Northeast Seafood Coalition said, “We are relieved by the President’s decision to forego a National Monument designation on Cashes Ledge, As stakeholders who participated in a lengthy, thorough and transparent public process to identify and protect important marine habitats such as Cashes Ledge, we are grateful and pleased to hear that the MSA process we all followed has been acknowledged and respected by the Obama Administration. We are sincerely grateful that the President, after gathering all pertinent facts, saw that the use of Executive Order was unnecessary in light of the process that has already taken place through the New England Fisheries Management Council.

The American Antiquities Act of 1906 provides authority for the President to declare national monuments by public proclamation on lands owned or controlled by the Government of the United States, but fishing representives attending the meeting expressed concern that establishing an Atlantic marine monument usurps the public, inclusive Council/NMFS processes already undertaken and ongoing.

While the process in New England is ongoing, similar processes in the Mid-Atlantic were praised by environmental groups. For their efforts Garden State Seafood Association (GSSA) Executive Director Greg DiDomenico and Mid Atlantic Fishery Management Council (MAFMC) Chairman Rich Robbins were lauded last September as as Conservation Leaders by the New York Aquarium. In October, the two men were honored again together with GSSA president Ernie Panacek as Regional Ocean Champions by the Urban Coast Institute at Monmouth University. “The process in the Mid-Atlantic should be the model for developing targeted habitat protection in New England,” said Mr. DiDomenico. “An open, collaborative process is the best way to build on these efforts.”

NOAA Fisheries Seeks Comments on Proposed Groundfish Catch Limits and Modifications to the At-Sea Monitoring Program

March 23, 2016 — We are seeking public comment on a proposed rule that would set 2016-2018 catch limits for all 20 groundfish stocks, adjust the groundfish at-sea monitoring program, and adopt several sector measures.

Catch Limits

The new catch limits proposed for all 20 groundfish stocks are based on stock assessments conducted in late 2015.

The proposed allocations for Gulf of Maine cod, Georges Bank cod, Southern New England/Mid-Atlantic yellowtail flounder, and witch flounder could limit the operation of the groundfish fishery. However, these reductions are necessary to prevent overfishing for these stocks, which are all at historically low levels.

Based on the proposed allocation increases for Gulf of Maine haddock (150 percent) and Gulf of Maine cod (30 percent), we are proposing trip limit increases and season extensions for the recreational groundfish fishery in a separate action.

At-Sea Monitoring

The 2016 fishing year (May 1, 2016, through April 30, 2017) is the first full year that sectors will be responsible for the costs of at-sea monitoring. We worked with the New England Fishery Management Council to develop a set of reasonable modifications to the at-sea monitoring program to make the program more cost-effective while still reliably meeting monitoring groundfish catch.

The proposed changes include:

  • Elimination of the coverage requirement for certain sector trips with low groundfish bycatch;
  • Adjustment of method  NOAA Fisheries uses to set the annual coverage level to use more years of discard information and stock health to predict coverage levels; and
  • Reduction of the target at-sea monitoring coverage level of 14 percent for the 2016 fishing year (down from 24 percent for 2015).

Read the release at NOAA Fisheries

STATE REP. BILL STRAUS: Impact of the federal fisheries arrests in New Bedford

March 22, 2016 — By now the local reaction to the waterfront arrests in New Bedford of one of the port’s major figures has begun to shift to inevitable questions of the role of the federal government in the regulation of commercial fishing. Operating under federal law, the current groundfish system of control, the so-called “catch shares” plan, began with Amendment 16 in 2009 by vote of the New England Fishery Management Council. This intricate system of allocating by fish species what can be caught and landed by licensed federal permit holders has clearly changed the market economics for New England fishing; a rapid concentration of fish permit holders has led to what functions as a government-created near monopoly. The fact that a single owner now controls at least 40 New England groundfish permits means that one person’s actions, whether driven by good or bad motives, reverberates through the regional economy.

We need to remember that this discussion is critical to the future of our port, and in my mind is distinct from the ultimate guilt or innocence of those charged to date. The presumption of innocence holds for anyone accused of a crime and they are entitled to a vigorous defense on their behalf. Regardless of the outcome of those proceedings, however, our port’s future depends on candidly looking at whether there has been a detrimental role played by the government’s regulations and how we got to this point. After all, the Port of New Bedford has a key role in the movement of seafood nationally; NOAA statistics for 2014 identify the port’s product value for landings at $327 million overall of which $251 million is from scallops. Using a conservative economic multiplier, the value to our local economy is over $600 million a year. By comparison, Gloucester’s seafood dollar value is only one-seventh of ours at $46 million during the same period.

The public documents now available online growing out of the New Bedford prosecutions point to a pattern of deceptive behavior where catch share quotas for specific types of fish were allegedly misreported for private economic gain. Because this type of behavior is alleged to be overseen by someone who owns and controls the most permits, the local groundfish industry in New Bedford is therefore more vulnerable and susceptible. That is a departure from history, where a diverse port economy relied on the decisions of many stakeholders. I don’t believe this concentration is a good thing for the overwhelming majority of those who look to and depend upon the seafood industry. Whatever is occurring at sea with respect to the science of habitat quality, species survival and sustainability is one thing; its quite another for a port’s success or failure to be put in jeopardy as a result of a narrow band of ownership encouraged by the Federal regulations adopted to protect the fisheries.

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

NEFMC Meeting – January 26-28, 2016 Webinar Info

January 21, 2016 — The following was released by the New England Fishery Management Council:

Meeting: The public is invited to listen in to the January 26-28, 2016 Council Meeting at the Sheraton Harborside Hotel at 250 Market Street in Portsmouth, NH. Check here Sheraton Harborside for further information about the venue. 

Webinar Registration: For online access to the meeting, please use the following link: https://attendee.gotowebinar.com/register/6378985305225649154. The webinar will be activated beginning at 8:00 a.m. and end at approximately 6:00 p.m. EST.

Charges for Listening: There are no charges if you access the webinar via your computer. If dialing in, your normal phone charges will apply.

Dial in number: Toll: +1 (213) 929-4232

Access Code: 591-922-206 

Meeting Materials: Please consult the Council’s website January 26-28, 2016 for an agenda and copies of the materials to be considered.  

Questions: If you have questions prior to or during the meeting, feel free to call me at the Council office at (978) 465-0492 ext. 106, or otherwise send an email – pfiorelli@nefmc.org.

NEFMC: Fish Tank Request for Proposals

January 21, 2016 — The following was released by the New England Fishery Management Council:

The Gulf of Maine Research Institute and the New England Fishery Management Council are requesting proposals for projects that aim to improve the data and models used to manage New England groundfish, and that address one or more of the six research priorities developed during GMRI’s 2015 Fish Tank series of scoping meetings. A total of $30K is available to support an anticipated one or more projects. Proposals are due Friday, February 19th.

Attached is the full request for proposals. As stated in the attachment, please be aware that the submitting applicant must have attended one of the Fish Tank port meetings or the Taking Stock workshop (http://www.gmri.org/fishtank). However, other project team members need not have participated in the Fish Tank series. 

Please contact GMRI Project Coordinator, Mary Hudson, at mhudson@gmri.org or 207-228-1666 with any questions.

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