Saving Seafood

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.

Foodstuffs: A ‘Dock to Dish’ Effort Meant to Support New Hampshire Fishermen

May 5, 2017 — Commercial ground fishermen on the east coast are struggling–so much so that there’s concern about whether they, and not the fish they catch, are an endangered species. An organization called New Hampshire Community Seafood is launching an effort to get more Granite Staters interested in eating local seafood, with the hope that it’ll provide a boost to fishermen. For our series Foodstuffs, NHPR’s Peter Biello reports.

On a quiet and foggy morning, commercial lobster fishermen Lou Nardello pulls his boat into a dock in Seabrook. The 60-year-old first began fishing 35 years ago. After a long break, he recently returned to this line of work.

“I guess you can’t get the ocean out of your system. It just stays there,” Nardello says. “You get older and realize it’s time to do what you want to do.”

What Nardello wants is to put a “full compliment of traps” out in the ocean and pull in a profitable catch. He says right now lobster prices are good.

“Nobody’s really catching much and everyone’s just getting going, so prices are pretty high,” he says.

But it’s tough for Nardello to know exactly how much he’ll make throughout the year. Prices will fluctuate as more lobsters hit the docks. To get fishermen like Nardello the best possible price, New Hampshire Community Seafood is hoping to stimulate demand in local seafood by getting more folks to join their Community Supported Fishery, or CSF. This CSF delivers seafood to its members the way a farm share doles out local tomatoes and spinach.

Read and listen to the full story at New Hampshire Public Radio

UPDATE: Court rules in government’s favor in New England fishing monitor dispute

April 17, 2017 — An appeals court has found in favor of the federal government in a challenge by a New England fishermen’s group over the cost of at-sea monitoring.

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

A group led by New Hampshire fisherman David Goethel sued the government over the rule change. The fishermen lost in federal district court and appealed. A 1st U.S. Circuit Court of Appeals panel in Boston agreed with the lower court Friday.

Monitors can cost hundreds of dollars per day. Fishermen argue it represents an illegal new cost burden they can’t shoulder in an era of tight quotas.

Read the full story from the Associated Press at NH1

Fishermen, dog rescued off New Hampshire coast

April 17, 2017 — Two men and a dog aboard a fishing boat were rescued Saturday night after it began rapidly taking on water about three miles off Hampton Harbor, the Coast Guard said.

The Coast Guard and Hampton Fire Rescue helped those on board the Patricia Lynn II to shore safely.

Both men had put on survival suits and also put a lifejacket on the dog, according to the Coast Guard.

“These two men were smart to don their survival suits as soon as they realized their boat was taking on water,” said Kenneth Stuart, the command duty officer at Sector Northern New England of the Coast Guard. “With the water temperatures still dangerously cold, having the proper gear for themselves and even their dog allowed them to actively work to de-water their boat until help arrived. If they had ended up in the water — their chances of survival were much higher.”

No injuries were reported.

One of the men aboard used a VHF radio about 8:30 p.m. to report the boat was rapidly taking on water despite efforts to keep up using buckets and a bilge pump.

Station Portsmouth Harbor, Station Merrimack River, a helicopter crew from Coast Guard Air Station Cape Cod and Hampton Fire Rescue responders all launched to help.

Read the full story at the New Hampshire Union Leader

MASSACHUSETTS: Gloucester to host hearing on new shrimp rules

March 31, 2017 — The traveling roadshow for public comment on proposed changes to the Gulf of Maine northern shrimp fishery is set to hit Gloucester the first week of June.

The Atlantic States Marine Fisheries Commission, which regulates the northern shrimp fishery, has scheduled four public hearings on the draft of Amendment 3. The draft includes state-by-state allocations and increased accountability measures, but does not call for limiting the number of shrimpers allowed into the fishery.

The Gloucester public hearing is set for June 5 at 6 p.m. at the state Division of Marine Fisheries’s Annisquam River Station on Emerson Avenue. The deadline for all public comment is June 21.

The ASMFC closed the northern shrimp fishery in December 2013 and it remains shuttered because the stock has been plagued by historic lows in recruitment and spawning stock biomass.

Initially, the commission’s northern shrimp section said it was going to consider a limited access program “to address overcapacity” in the fishery that draws shrimpers from Maine, New Hampshire and Massachusetts. It later changed course.

“Due to the uncertainty about if or 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,” the AFMSC stated.

Beyond establishing state allocations and new accountability measures, the draft amendment includes gear provisions, including the mandatory use of “size-sorting grate systems designed to minimize harvest of small (presumably male) shrimp.”

Read the full story at The Gloucester Times 

ASMFC Northern Shrimp Section Approves Public Hearing Document on Draft Amendment 3 for Public Comment

March 29, 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.

Plan to save New England shrimp fishery will go to public

March 20, 2017 — The public will have a chance to comment on a plan to change the way New England’s shuttered shrimp fishery is managed with an eye toward saving it.

The regulatory Atlantic States Marine Fisheries Commission has been working on a plan to try to make the fishery more sustainable in the long term. It includes options such as changing the way the quota system is managed.

An arm of the commission has voted to send the plan out for public comment.

Regulators shut down the fishery in 2013 amid declining populations of shrimp. Scientists say warming ocean temperature is one factor hurting them.

Read the full story from the Associated Press at WCSH 6