Saving Seafood

Groundfishermen: ‘It feels like we’re just forgotten’

October 16, 2017 — HAMPTON, New Hampshire — New Hampshire fishermen say temporary federal aid for at-sea monitor coverage is barely holding their industry afloat now that a court battle over the cost appears to have ended.

The National Oceanic and Atmospheric Administration is currently covering 60 percent of the cost for third-party at-sea monitors to observe commercial groundfishermen’s compliance with federal regulations. That coverage is projected to end May 1, 2018, when fishermen will be expected to cover the entire cost, according to NOAA spokeswoman Allison Ferreira. Groundfish include New England seafood staples like cod and haddock.

Hampton fisherman David Goethel said he would probably sell his boat and stop fishing if NOAA stops funding its portion of the cost. He and other fishermen filed a federal suit arguing it was unfair for fishermen to pay for monitors required by NOAA. Judges at the district and circuit court levels ruled the fishermen filed the suit too late to be considered on its merits, and the U.S. Supreme Court denied a petition to have the case heard this month.

Read the full story at Fosters’s Daily Democrat

After Supreme Court ruling, fight over at-sea monitoring costs may head to Congress

October 10, 2017 — Despite a recent decision by the Supreme Court of the United States, a New Hampshire fisherman pledges to continue his fight against having to pay for monitors to accompany them while at sea.

When the court opened its new term last Monday, 2 October, it decided against hearing David Goethel’s case against the U.S. Department of Commerce, allowing the 1st Circuit Court of Appeals ruling to stand. The Hampton fisherman filed suit in December 2015, about nine months after the National Oceanic and Atmospheric Administration announced it would begin passing the costs of the monitoring program to the fishermen.

The monitoring costs more than USD 700 (EUR 596.03) per day, a price that Goethel and officials from the Northeast Fishery Sector 13 claim is too steep.

Read the full story at Seafood Source

ASMFC Atlantic Herring Section Launches New Website on Atlantic Herring Area 1A Spawning Monitoring System

October 6, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

In May, the Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved the continued use of the GSI30-based forecast system to predict when the population will be spawning and when spawning closures should be set based on the development of herring gonads (reproductive organs) in Area 1A (inshore Gulf of Maine). GSI stands for gonadosomatic index and in its simplest terms assesses the onset of spawning based on the ratio of the weight of a female herring’s ovaries to its body weight. This new system, which was successfully piloted in 2016, uses the observed rate of increase in GSI to predict when spawning will occur and when the fishery will be closed. This replaces an earlier system that simply closed the fishery when the observed GSI was above a threshold value.

Stakeholders can see the spawning forecast model in real time here: https://www.massmarinefisheries.net/herring/.

Atlantic herring spawn in the late summer or early fall of each year. The timing of this event can vary by several weeks, which necessitates sampling the population each year to determine when the spawning closure should occur.  Once three samples have been collected that show a positive progression in gonadal development, a forecasted closure date can be determined by projecting forward when the population is likely to cross the spawning threshold. This forecasted closure date is continuously updated as new samples are acquired, and the closure is finally set within 5 days of the forecast date.

If not enough samples can be collected to forecast a closure date, a default closure date will go into effect. This date varies slightly by region:

  • Eastern Maine: August 28th
  • Western Maine: October 4th
  • Massachusetts-New Hampshire: October 4th

Whether initiated by the forecast model or a default date, the spawning closure lasts four weeks. If more than 25% of sampled fish are still in spawning condition when the fishery is reopened, the fishery will reclose for another two weeks. For more information, please contact Toni Kerns, ISFMP Director, at tkerns@asmfc.org or 703.842.0740.

Read the release at the Atlantic States Marine Fisheries Commission

High court declines to hear fishing monitor case

Fisherman: Justices ruled on technicalities, not merits

October 3, 2017 — The U.S. Supreme Court on Monday declined to hear New Hampshire fisherman David Goethel’s case that challenged the federal government’s ability to force commercial fishermen to pay the costs of at-sea monitoring.

The rejection by the Supreme Court is the third defeat suffered by Goethel and co-plaintiff South Dartmouth-based Northeast Fishing Sector XIII since they first sued NOAA Fisheries and other federal officials in December 2015 in U.S. District Court in New Hampshire.

The court’s rejection closes the door on this particular legal challenge of the government’s right to impose the cost of at-sea monitoring on commercial fishermen, as the Supreme Court also declined to remand the case back to a lower court.

“The Supreme Court was our last judicial hope to save the centuries-old New England industry,” Goethel said in a statement.

Later, in an interview, Goethel let loose against what he said is the “stacked deck” of standing up to regulators, as well as his frustration with the justice system.

“We had three chances and not once was our case decided on the merits,” Goethel said. “I’m bitterly disappointed with the government and I’m bitterly disappointed with the justice system. At each step of the way, our fate was decided by a technicality without ever having a hearing on the merits of the case.”

Read the full story at the Gloucester Times

New England Council Unanimously Reelects Dr. John Quinn as Chair and Terry Stockwell as Vice Chair for Another Term

October 3, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council in late September expressed full confidence in its leadership team when it unanimously affirmed the reelection of Dr. John Quinn of Massachusetts and Terry Stockwell of Maine to serve as Council chair and vice chair, respectively, for another term.

This marks Dr. Quinn’s second consecutive year as chairman. Prior to that, he served three years as Council vice chair under Stockwell. The two switched leadership positions during 2016 but continued to work together as a team to direct the Council’s management and policy initiatives.

“I am honored to be reelected by my colleagues as chairman,” said Dr. Quinn. “We have a lot of very complex and important issues facing us in the year ahead, and I am looking forward to collaborating with my fellow Council members and various stakeholders to attempt to solve some of the problems confronting the industry.”

Dr. Quinn is Director of Public Interest Law Programs at the University of Massachusetts (UMass) School of Law. He also is a former member of the Massachusetts House of Representatives and represented many fishing interests while practicing law in private practice for over two decades in New Bedford before joining UMass.

Stockwell is beginning his first term on the Council as a secretarial appointee. He previously served as the state of Maine’s designated fisheries official to the Council but retired from state service in June following a 21-year career at the Maine Department of Marine Resources (DMR). DMR Commissioner Patrick Keliher now sits at the Council table in that capacity. Stockwell was appointed in August to fill the seat previously held by Mary Beth Tooley of Maine, who had served three consecutive terms on the Council, the maximum allowed under the Magnuson-Stevens Fishery Conservation and Management Act.

In another show of confidence in leadership, the Council reelected the same slate of members to serve on its Executive Committee for the 2017-2018 Council year:

  • Doug Grout, chief of the New Hampshire Fish and Game Department’s Marine Division, was elected to serve his fifth consecutive term on the Executive Committee;
  • Peter Kendall of New Hampshire also was elected to serve a fifth consecutive term; and
  • Terry Alexander of Maine was elected to serve his second consecutive term.

Dr. Quinn and Stockwell also serve on the Executive Committee in their roles as Council chair and vice chair.

Read the release at the New England Fishery Management Council

Atlantic Herring Massachusetts/New Hampshire Spawning Closure in Effect Starting October 1 through October 28, 2017

September 27, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic Herring Area 1A (inshore Gulf of Maine) fishery regulations include seasonal spawning closures for portions of state and federal waters in Eastern Maine, Western Maine and Massachusetts/New Hampshire. The Commission’s Atlantic Herring Section approved a forecasting method that relies upon at least three samples, each containing at least 25 female herring in gonadal states III-V, to trigger a spawning closure.

Fifteen samples of female herring were collected to evaluate spawning condition. Based on the analysis of the samples, the Massachusetts/New Hampshire spawning area will be closed starting at 12:00 a.m. on October 1, 2017 extending through 11:59 p.m. on October 28, 2017. Vessels in the directed Atlantic herring fishery cannot take, land or possess Atlantic herring caught within the Massachusetts/New Hampshire spawning area during this time and must have all fishing gear stowed when transiting through the area. An incidental bycatch allowance of up to 2,000 pounds of Atlantic herring per trip/ calendar day applies to vessels in non-directed fisheries that are fishing within the Massachusetts/New Hampshire spawning area.

The Massachusetts/New Hampshire spawning area includes all waters bounded by the Massachusetts, New Hampshire and Maine coasts, and 43° 30’ N and 70° 00’ W.   For more information, please contact Toni Kerns, ISFMP Director, at 703.842.0740 or tkerns@asmfc.org.

A PDF version of the announcement can be found here –http://www.asmfc.org/files/AtlHerring/MA_NH_SpawningClosureSept2017.pdf

Atlantic Herring Western Maine Spawning Closure in Effect Starting September 26, 2017 through October 24, 2017

September 22, 2017 — The following was released by the Atlantic States Marine Fisheries Commission: 

The Atlantic Herring Area 1A (inshore Gulf of Maine) fishery regulations include seasonal spawning closures for portions of state and federal waters in Eastern Maine, Western Maine and Massachusetts/New Hampshire. The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved a forecasting method that relies upon at least three samples, each containing at least 25 female herring in gonadal states III-V, to trigger a spawning closure.

Sampling in the Western Maine spawning area began on July 31, 2017; four samples of female herring were collected to evaluate spawning condition. Based on the analysis of the samples, the Western Maine spawning area will be closed starting at 12:00 a.m. on September 26, 2017 extending through 11:59 p.m. on October 24, 2017. Vessels in the directed Atlantic herring fishery cannot take, land or possess Atlantic herring caught within the Western Maine spawning area during this time and must have all fishing gear stowed when transiting through the area. An incidental bycatch allowance of up to 2,000 pounds of Atlantic herring per trip/ calendar day applies to vessels in non-directed fisheries that are fishing within the Western Maine spawning area.

Western Maine spawning area includes all waters bounded by the following coordinates:

43° 30’ N     Maine coast
43° 30’ N      68° 54.5’ W
43° 48’ N         68° 20’ W
North to Maine coast at 68° 20’ W

For more information, please contact Toni Kerns, ISFMP Director, at 703.842.0740 or tkerns@asmfc.org.

Atlantic Herring Area 1A effort controls

September 21, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s (Commission) Atlantic Herring Section Members from Maine, New Hampshire, and Massachusetts met today to revise effort controls in the Area 1A Trimester 2 fishery as well as set effort controls for Trimester 3.

Trimester 2 Effort Controls

The Section revised the effort control measures for the 2017 Area 1A Trimester 2 (June 1 – September 30) fishery. The revised measures are underlined and become effective Sunday, September 17, 2017.

Days Out of the Fishery

  • Vessels with a herring Category A permit that have declared into the Trimester 2 Area 1A fishery may land herring seven (7) consecutive days a week. One landing per 24 hour period. Vessels are prohibited from landing or possessing herring caught from Area 1A during a day out of the fishery.
    • Landing days in New Hampshire and Massachusetts begin on Monday of each week at 12:01 a.m.
    • Landings days in Maine begin on Sunday of each week at 6:00 p.m.
  • Small mesh bottom trawl vessels with a herring Category C or D permit that have declared into the Trimester 2 fishery may land herring seven (7) consecutive days a week.

Weekly Landing Limit

  • Vessels with a herring Category A permit may harvest up to 1 million pounds (25 trucks) per harvester vessel, per week.
  • 120,000 pounds out of the 1,000,000 pounds weekly limit can be transferred to a carrier vessel (see below).

At-Sea Transfer and Carrier Restrictions (no changes were made)
The following applies to harvester vessels with a herring Category A permit and carrier vessels landing herring caught in Area 1A to a Maine, New Hampshire or Massachusetts port.

  • A harvester vessel can transfer herring at-sea to another catcher vessel.
  • A harvester vessel is limited to making at-sea transfers to only one carrier vessel per week.
  • Carrier vessels are limited to receiving at-sea transfers from one catcher vessel per week and can land once per 24 hour period. A carrier vessel may land up to 120,000 pounds (3 trucks) per week.  The carrier limit of 3 trucks is not in addition to the harvester weekly  landing
  • Carrier vessel: a vessel with no gear on board capable of catching or processing fish. Harvester vessel: a vessel that is required to report the catch it has aboard as the harvesting vessel on the Federal Vessel Trip Report.

The initial Area 1A sub-annual catch limit (ACL) is 31,115 metric tons (mt) after adjusting for a carryover from 2015 and the research set-aside. The Section allocated 72.8% of the sub-ACL to Trimester 2 and 27.2% to Trimester 3. After incorporating the 295 mt fixed gear set-aside and the 8% buffer (Area 1A closes at 92% of the sub-ACL) the seasonal quotas are 20,625 mt for Trimester 2 and 7,706 mt for Trimester 3.

Landings will be monitored closely and the fishery will be adjusted to zero landing days when 92 percent of the trimester’s quota is reached.

Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A on no landing days.

Trimester 3 Effort Controls

Section members set Area 1A (inshore Gulf of Maine) days out measures for Trimester 3 (October 1 – December 31). Section members, with input from industry, agreed to three consecutive landing days until 92% of the Area 1A sub-ACL is projected to be harvested or until further notice.  Vessels may only land once every 24-hour period.

  • Beginning on October 1, 2017: Vessels in the State of Maine may land herring starting at 6:00 p.m. on Sundays up to 5:59 p.m. on Wednesday.
  • Beginning on October 2, 2017: Vessels in the State of New Hampshire and the Commonwealth of Massachusetts may land herring starting at 12:00 a.m. on Mondays up to 11:59 p.m. on Wednesday.

Trimester 3 landings will be closely monitored and the directed fishery will close when 92% of the Area 1A sub-ACL is projected to be reached. Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A until the start of Trimester 3. For more information, please contact Toni Kerns, at 703.842.0740 or tkerns@asmfc.org.

New Rules for New England Shrimp Fishery — if It Reopens

September 7, 2017 — PORTLAND, Maine (AP) — With the prospect of New England’s shuttered shrimp fishery reopening this winter, new rules are being designed to perpetuate the crustacean’s numbers and prevent another shutdown.

Maine fishermen once caught millions of pounds of the shrimp every year, with fishermen also bringing some ashore in New Hampshire and Massachusetts. But as the Gulf of Maine waters warmed, the catch plummeted from more than 13 million pounds in 2010 to less than 700,000 in 2013. The fishery shut down that year.

A decision on whether to allow the fishery to reopen could come in November.

With that in mind, an arm of the regulatory Atlantic States Marine Fisheries Commission is developing new rules for the fishery to put it in a better position to sustain itself if it does reopen, said Max Appelman, a fishery management plan coordinator for the Atlantic States.

Read the full story from the Associated Press at U.S. News and World Report

 

ASMFC Northern Shrimp Section Selects Final Measures for Amendment 3 and Recommends Final Approval by the Commission

September 1, 2017 — Portland, ME – The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Northern Shrimp Section (Section) selected final measures for Amendment 3 to the Interstate Fishery Management Plan (FMP) for Northern Shrimp and recommended Commission approval of the Amendment at its next Business Session meeting, likely in October in Norfolk, VA. The Amendment is designed to improve management of the northern shrimp resource in the event the fishery reopens (the fishery has been under moratorium since 2014). Specifically, the Amendment refines the FMP objectives and provides the flexibility to use the best available information to define the status of the stock and set the total allowable catch (TAC). Furthermore, the Amendment implements a state-specific allocation program to better manage effort in the fishery; 80% of the annual TAC will be allocated to Maine, 10% to New Hampshire, and 10% to Massachusetts. Fishermen with a trap landings history will continue to operate under gear-specific allocations (i.e., 87% of the state-specific quota will be allocated to the trawl fishery, and 13% to the trap fishery), however, the Section anticipates exploring alternative measures through the adaptive management process that would allow states to modify allocation between gear types on an annual basis. The Section also has the discretion to roll over unused quota from the states of New Hampshire and Massachusetts to Maine by a date determined during annual specifications.

Additionally, the Amendment strengthens catch and landings reporting requirements to ensure all harvested shrimp are being reported, and requires shrimp-directed trawl vessels to use either a double-Nordmore or compound grate system (both designed to minimize the catch of small, presumably male, shrimp). Other changes include the implementation of accountability measures (i.e., penalties if states exceed their quota), specification of a maximum fishing season length, and formalizing fishery-dependent monitoring requirements.

The Section will meet November 29 (location to be determined) to review the 2017 stock status report and set specifications for the 2018 fishing season. For more information, please contact Max Appelman, Fishery Management Plan Coordinator, at mappelman@asmfc.org or 703.842.0740.