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    • Fishing Terms Glossary

NH fishermen ask U.S. Supreme Court to hear monitoring case

July 25, 2017 — New Hampshire fishermen fighting for their livelihood are now trying to take their case to the nation’s highest court.

Commercial fishermen said they must pay $700 a day for fishing monitors, people who go out with fishermen and collect data.

The government mandate began seven years ago, but the cost was only recently put on the fishermen.

That prompted legal action against the government.

“Basically, we had a ruling that said we were time barred, which means we didn’t appeal within a certain period of time,” said Hampton-based fisherman David Goethel.

Goethel said he believes they did appeal in time, and now wants the U.S. Supreme Court to recognize that.

“What we’re asking for is the court to rule that we deserve a review of the merits of the case,” he said.

The lawsuit is against the U.S. Department of Commerce, which includes the National Oceanic and Atmospheric Administration.

“NOAA Fisheries doesn’t have taxing authority,” Goethel said. “Only the United States Congress does. That’s the essential merits of the case.”

Goethel said that back in 2010, before the fishing monitors, there were about 100 groundfishermen in New Hampshire. Today, he said, there are only about six.

Read the full story at WMUR

New England fishermen taking fight over monitors to Supreme Court

July 25, 2017 — A New England fishermen’s group is taking its fight over the cost of at-sea monitors to the U.S. Supreme Court.

The monitors are workers who collect data that help inform government fishing regulations. The government shifted the cost of paying for monitors to fishermen last year.

A group of fisherman led by David Goethel of New Hampshire sued the government over the change and lost in a federal district court and later in 1st U.S. Circuit Court of Appeals in Boston.

An attorney for Goethel says he filed a petition with the Supreme Court earlier this month seeking a review of the case.

Read the full story from the Associated Press at NH1

Atlantic Herring Area 1A Trimester 2 Effort Controls and Meeting Notice

June 28, 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 revised the effort control measures for the 2017 Area 1A Trimester 2 (June 1 – September 30) fishery as follows. The revised measures are underlined. Please note the time and passcode for the next Days Out Meeting on July 12th have changed. The meeting will begin at 1:30 PM and the new passcode is 222918.

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 four (4) 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 600,000 lbs (15 trucks) per harvester vessel, per week.
  • 80,000 lbs out of the 600,000 lb 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 cannot 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 80,000 lbs
  • (2 trucks) per week.  The carrier limit of 2 trucks is not in addition to the harvester weekly landing limit. 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.

These effort controls are projected to extend the Trimester 2 fishery through mid-September. Landings will be monitored closely and the fishery will be adjusted to zero landing days when the trimester’s quota is projected to be reached.

The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort the following days:

  • Wednesday, July 12 at 1:30 PM
  • Wednesday, July 26 at 10:00 AM
  • Wednesday, August 9 at 10:00 AM

To join the calls, please dial 888.394.8197 and enter passcode 222918 as prompted.

Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per trip from Area 1A until June 4 or 5, 2017, depending on the state.  Please contact Ashton Harp, Atlantic Herring Fishery Management Plan Coordinator, at aharp@asmfc.org or 703.842.0740 for more information.

Atl Herring Days Out Call on June 14 – Cancelled

June 7, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The previously scheduled Atlantic Herring Days Out call on June 14 at 10:00 AM has been cancelled. The Atlantic Herring Section members from Maine, New Hampshire, and Massachusetts are scheduled to reconvene via conference call to review fishing effort on the following days:

  • Wednesday, June 28 at 10:00 AM
  • Wednesday, July 12 at 10:00 AM
  • Wednesday, July 26 at 10:00 AM
  • Wednesday, August 9 at 10:00 AM

 To join the calls, please dial 888.394.8197 and enter passcode 499811 as prompted.

New England Fishermen Put Down Their Bait for Day of Safety Training

June 6, 2017 — Commercial fishermen in Northern New England face their fair share of challenges. Along with declining fish stocks and tight catch regulations, the occupation also remains one of the most dangerous in the country.

With that ever-present risk in mind, dozens of fishermen turned out in New Castle, New Hampshire recently for a day-long safety training exercise.

“Yeah, I’ve been on boats that sunk, had to get overboard, and had to get in my survival suit, gone in the water in the wintertime. And so, I’ve been through it,” says John Emmerton, a fourth generation fisherman with fingers thick like sausages. “It’s pretty ‘hairy carey’ when you have to deal with it in reality. Never happens when it’s nice like today.”

Emmerton is usually found in the Gulf of Maine aboard the Angela Michelle, but today he and some of his crewmates are on dry land in New Castle for a free safety event put on by the non-profit Fishing Partnership Support Services.

“The ocean is a dangerous place,” says Ed Dennehy, training director for Fishing Partnership. “There are weather issues, there are equipment issues if you don’t care care of your boat, then you have flooding issues, or a fire. And when you are out in the ocean, you are your only person around to save yourself. There is no ambulance, there is no fire engine. So you need to know how to address those kinds of issues.”

While fishing boats are subject to routine inspections to ensure there are items such as flares and life rafts aboard, there is no real oversight over whether crew know how to use them properly.

Read the full story at New Hampshire Public Radio

A top chef has an answer to Maine’s green crab scourge: Fry them in oil, then dig in

May 23, 2017 — European green crabs have scurried around coastal waters off Maine since they first hitchhiked here on ships in the 1800s, but only in the past few years have the invasive crustaceans begun to devour the softshell clam industry and decimate delicate eelgrass habitat.

And as harvesters and scientists have scurried to find a solution to the invasion, a number of uses for the crabs have been floated — extracting the meat in China, composting, and even processing the creatures into cat food.

But Portland restaurateur Sam Hayward of Fore Street Restaurant, who in 2004 was named Best Chef Northeast by the James Beard Foundation and in 2011 won the the Chef’s Collaborative Sustainer of the Year award, on Monday shared a simple recipe he learned from a fellow chef to transform the crustaceans into “a sandy, seafoody deliciousness.”

One recent summer, Hayward worked with chef Evan Mallett of Black Trumpet in Portsmouth, New Hampshire, at “Take a Bite Out of Appledore: An Eco-Culinary Retreat” held on the Isles of Shoals.

One night, after “foraging the intertidal zone,” Mallett debuted the crabs, deep fried and “a little bit like croutons,” Hayward said.

“Get a pot of oil — I’m not sure what oil we used, I think it was olive — and get it up to 340, 345 degrees, as if for deep frying,” Hayward said. “Then drop them in for a few minutes until they’re crisped up.”

“Toss a handful on top of a salad,” he said. “They sort of dissolve into a sandy, seafoody deliciousness.”

Read the full story at the Bangor Daily News

Fisherman, lawyers mull new monitoring suit

May 19,  2017 — They lost in U.S. District Court in New Hampshire last summer and failed to have that decision overturned in federal appeals court in Boston this spring.

Still, New Hampshire groundfisherman David Goethel and his legal team may not be done in their legal challenge of the federal government’s ability to shift the costs of at-sea monitoring to groundfishermen.

“We’re still assessing all of our legal options at this point,” said Julie Smith, one of the lawyers from Washington D.C.-based Cause of Action Institute that has represented Goethel and Northeast Fishing Sector 13 in the initial federal lawsuit and appeal.

Smith declined to be more specific, but clearly the options are limited:

Goethel and his lawyers could swing for the fences and petition the U.S. Supreme Court to hear their case, hoping it would overturn the April decision by the U.S. Court of Appeals upholding the judgment in the original lawsuit filed in U.S. District Court in Concord, New Hampshire.

Petitioning the highest court in the land with a writ of certiorari — which would compel the lower court to deliver its record for review — is not exactly a high-percentage play.

The Supreme Court, according to the website of the federal court system, accepts only 100 to 150 of the more than 7,000 cases it is asked to review each year.

Read the full story at The Gloucester Times 

ASMFC Northern Shrimp Section Approves Public Hearing Document on Draft Amendment 3 for Public Comment New England States Schedule Public Hearings

May 12, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

ARLINGTON, Va. — The Atlantic States Marine Fisheries Commission’s Northern Shrimp Section (Section) releases Draft Amendment 3 to the Interstate Fishery Management Plan (FMP) for Northern Shrimp for public consideration and input. The states of Maine, New Hampshire and Massachusetts have scheduled their hearings to gather public comment on the Draft Amendment. The details of those hearings follow.

Maine Department of Marine Resources

Wednesday, June 7, 2017 at 6 PM

Maine Department of Marine Resources

Conference Room #118

32 Blossom Lane

Augusta, Maine

Contact: Terry Stockwell at 207.624.6553

–

Thursday, June 8, 2017 at 6 PM

Ellsworth City Hall Conference Room

1 City Hall Plaza

Ellsworth, Maine

Contact: Terry Stockwell at 207.624.6553

–

New Hampshire Fish and Game

Tuesday, June 6, 2017 at 7 PM

Urban Forestry Center

45 Elwyn Road

Portsmouth, New Hampshire

Contact: Doug Grout at 603.868.1095

–

Massachusetts Department of Marine Fisheries

Monday, June 5, 2017 at 6 PM

MA DMF Annisquam River Station

30 Emerson Avenue

Gloucester, Massachusetts

Contact: Kelly Whitmore at 978.282.0308

–

The Section initiated Draft Amendment 3 with the intention of considering a limited entry program to address overcapacity in the fishery. In the 2010 and 2011 fishing seasons, increased fishing effort and untimely reporting resulted in early season closures and an overharvest of the total allowable catch (TAC). The 2012 fishing season was further restricted, resulting in a 21-day trawl season and a 17-day trap season. In the 2013 fishing season, despite the fact that only 55% of the TAC was harvested, the fishing mortality rate (0.53) was estimated above the target (0.38). In December 2013, the Section established a moratorium for the 2014 fishing season due to recruitment failure and a collapsed stock. The moratorium was maintained each year, through 2017, in response to the continued depleted condition of the stock.

Due to the uncertainty about if and when the resource would rebuild and the fishery reopen, the Section shifted the focus of Draft Amendment 3 to consider measures to improve management of the northern shrimp fishery and resource. Proposed options in the Draft Amendment include state-by-state allocations and accountability measures to better manage effort in the fishery. The Draft Amendment also explores the mandatory use of size sorting grate systems to minimize harvest of small (presumably male) shrimp, as well as reporting measures to ensure all harvested shrimp are being reported.

Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending public hearings or providing written comments. The Draft Amendment can be obtained at http://www.asmfc.org/files/PublicInput/NShrimpDraftAmd3_PublicComment.pdf or via the Commission’s website,www.asmfc.org, under Public Input. Public comment will be accepted until 5:00 PM (EST) on June 21, 2017 and should be forwarded to Max Appelman, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at mappelman@asmfc.org (Subject line: Northern Shrimp). For more information, please contact Max Appelman at mappelman@asmfc.org or 703.842.0740.

ASMFC Atlantic Herring Section Approves Addendum I

May 10, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved Addendum I to Amendment 3 of the Interstate Fishery Management Plan for Atlantic Herring. The Addendum includes management measures intended to stabilize the rate of catch in the Area 1A fishery and distribute the seasonal quota throughout Trimester 2 (June through September), which has 72.8 % of the season’s allocation. The following measures were approved by the Section:

Days Out Program (effective for the 2017 fishing season)

The Section will separately address days out provisions for federal herring Category A vessels and small-mesh bottom trawl vessels with a federal herring Category C or D permit.

  • In addition to landing restrictions associated with the days out program, Category A vessels are now prohibited from possessing herring caught from Area 1A during a day out of the fishery.
  • Small-mesh bottom trawl vessels with a Category C or D permit will notify states of their intent to fish in Area 1A prior to June 1st.

Maine, New Hampshire and Massachusetts will make days out decisions by consensus. If a consensus cannot be reached, then the default landing day scenario will be zero landing days.

Weekly Landing Limit (effective for the 2017 fishing season)

The Addendum implements a weekly harvester landing limit for vessels with a Category A permit. The weekly limit will be adjusted throughout the fishing season based on effort. Forty-five days prior to the start of the fishing season, Category A vessels will notify states of their intent to fish in Area 1A, including a specification of gear type. This will provide states with an estimate of effort to calculate the weekly landing limit. For the 2017 fishing season, the notification date is set at May 23rd.

New Fishery Management Plan Tools

The following measures may be considered as potential management tools prior to the start of the fishing year:

  • Herring caught in Area 1A can only be landed by the respective harvester vessel (i.e. no carrier vessels)
  • Herring carrier vessels are limited to receiving at-sea transfers from one harvester vessel per week and landing once per 24-hour period

State Landing Report

NOAA Fisheries has granted access to vessel monitoring system-submitted daily catch report data for select staff in Maine, New Hampshire and Massachusetts. This will provide real-time data for the states to implement a weekly landing limit. Therefore, the implementation of a state landing report is not necessary at this time. The Section will include the option to implement a state landing report as part of the interstate fishery management program if it becomes necessary at a future date. The Addendum will be available on the Commission website, www.asmfc.org(on the Atlantic Herring webpage).

The Section also approved continuing the use of the GSI30-based forecast system to determine spawning closures in Area 1A. This method was developed by the Technical Committee, then tested and evaluated for effectiveness during the 2016 fishing season. The modified GSI‐based spawning monitoring system tracks reproductive maturity to align the timing of spawning area closures with the onset of spawning. The modeling efforts to forecast the spawning closures will be made available via a website.

For more information, please contact Ashton Harp, Fishery Management Plan Coordinator, at aharp@asmfc.org or 703.842.0740.

Atlantic Herring Area 1A Days Out Meeting on May 23

May 9, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

Atlantic Herring Section members from the States of Maine and New Hampshire and the Commonwealth of Massachusetts will meet at 10:30 a.m. on May 23, 2017 to discuss ‘days out’ measures for the 2017 Trimester 2 Area 1A fishing season, which occurs from June 1 to September 30.  This meeting will take place at the New Hampshire Fish and Game Department, 225 Main St. Durham, NH 03824. Parking spaces for meeting participants will be marked with orange cones.

Federally-permitted Herring Category A vessels must declare into the Area 1A fishery prior to the May 23rd Days Out Meeting. Small-mesh bottom trawl vessels with a Federal Herring Category C or D permit must declare into the Area 1A fishery by June 1, 2017.  States will send additional correspondence regarding the notification procedure. 

The 2017 Area 1A allowable catch limit is 31,115 metric tons after being adjusted for a carryover from 2015. The Section set the seasonal split as 72.8% allocated from June 1 – September 30 and 27.2% allocated from October 1 – December 31. Fishermen are prohibited from landing more than 2,000 pounds of Atlantic herring per day harvested from Area 1A until June 1, 2017.

 2017 Atlantic Herring Fishing Season Sub-ACLs, NMFS Final Rule: https://www.federalregister.gov/d/2016-31392

 Please contact Ashton Harp, Fishery Management Plan Coordinator, at 703.842.0740 or aharp@asmfc.org for more information.

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