Saving Seafood

Fisherman appeals case over monitoring costs

September 23, 2016 — New Hampshire fisherman David Goethel is looking to the federal appeals court to overturn a federal judge’s ruling that allows NOAA Fisheries to impose the cost of at-sea monitoring on Northeast groundfish permit holders.

Goethel, represented by lawyers from the Cause of Action watchdog group, has filed an appeal with the First Circuit Court of Appeals in Boston, hoping to reverse U.S. District Court Judge Joseph Laplante’s July 29 ruling in Goethel’s lawsuit that granted summary judgment to the federal government.

“NOAA lacks the authority to require industry funding for at-sea monitors. Its decision to do so violates federal statutes and the Constitution,” said Alfred Lechner Jr., president and chief executive officer of Cause of Action as well as a former federal judge. “Our clients had a legal right to their day in court at the time they filed suit. The decision holding otherwise is an error. An appeal from the decision of the district court has been filed.”

The original lawsuit, filed by Goethel and the South Dartmouth-based Northeast Fishing Sector 13 last December in U.S. District Court in Concord, New Hampshire, claimed the federal government violated fishermen’s constitutional rights by mandating they pay for the at-sea monitoring coverage designed to make sure fishermen are adhering to the intricacies of the federal fishery management regulations.

Read the full story at the Newbury Port Daily News

Atlantic Herring Landing Days Set for Area 1A Trimester 3

September 21, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

This release revises the September 16th release by modifying the end time of Maine’s landing period and clarifying that vessels may only land once every 24-hour period.

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section (Section) members from Maine, New Hampshire, and Massachusetts met via conference call on Friday, September 16, 2016 to discuss Area 1A (inshore Gulf of Maine) days out measures for Trimester 3 (October 1 – December 31). Section members, with input from industry, agreed to four 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 2, 2016: Vessels in the State of Maine may land herring starting at 6:00 p.m. on Sundays up to 5:59 p.m. on Thursdays.

Beginning on October 3, 2016: 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 Thursdays.

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 Ashton Harp, Fishery Management Plan Coordinator, at 703.842.0740 or aharp@asmfc.org.

MAINE: DMR to set winter scallop season dates

September 8, 2016 — ELLSWORTH, Maine — Labor Day Weekend has just ended and the Blue Hill Fair just closed, but winter is almost here.

On Monday, Sept. 12, the Department of Marine Resources will hold the first of three public hearings on a proposed rule setting the dates for the 2016-2017 scallop season. The hearing is scheduled for 6 p.m. at Ellsworth City Hall.

In 2015, dealers reported scallop landings of 452,672 pounds to DMR, worth nearly $5.8 million. Those figures cover landings from Jan. 1 through April 11 — considered part of the 2014-2015 “season” — and December of last year. Landings from January through April of this year will be included in the 2016 statistics even though those scallops were harvested in the “last” season.

As there was last winter, the fishery will be subject to daily possession limits. In zones 1 and 2, from the New Hampshire border to Cobscook Bay, the limit is 15 gallons of scallop meats. In Zone 3 — Cobscook Bay — the possession limit is 10 gallons per day.

Read the full story at the Ellsworth American

September 16 Atlantic Herring Area 1A Trimester 3 Days Out Meeting Changed to a Conference Call

September 2, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section (Section) members from Maine, New Hampshire and Massachusetts are meeting via conference call at 9 a.m. on September 16, 2016 to discuss days out measures for Trimester 3 (October 1 to December 31). The members have deferred discussion of alternative management approaches for Area 1A until the Section meets in October at the Commission’s Annual Meeting. This conference call replaces the previously scheduled in-person meeting in Portsmouth, New Hampshire.

The 2016 Area 1A sub-annual catch limit is 30,102 metric tons (mt) including carryover of unharvested catch in 2014 and deductions for the research and fixed gear set-aside in 2016. The Section set the seasonal split as 72.8% allocated from June 1 – September 30 and 27.2% allocated from October 1 – December 31. The seasonal quota for Trimester 3 amounts to 7,533 mt.

Fishermen and other interested parties are welcome to listen in and participate at the Chair’s discretion. Join via telephone by dialing 1-888-394-8197 and entering the passcode 499811. For more information, please contact Ashton Harp, Fishery Management Plan Coordinator, at 703.842.0740 or aharp@asmfc.org.

Atlantic Herring Area 1A Days Out Meeting Scheduled for September 16, 2016

August 25, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section (Section) members from Maine, New Hampshire and Massachusetts will meet from 9:15 a.m. through Noon on September 16, 2016 to discuss days out measures for Trimester 3 (October 1 to December 31), review recent fishing effort in Area 1A (inshore Gulf of Maine) and discuss alternative management approaches for Area 1A. This meeting will take place at the Portsmouth Library at 175 Parrott Ave Portsmouth, New Hampshire 03801.

The 2016 Area 1A sub-annual catch limit is 30,102 metric tons (mt) including carryover of unharvested catch in 2014 and deductions for the research and fixed gear set-aside in 2016. The Section set the seasonal split as 72.8% allocated from June 1 – September 30 and 27.2% allocated from October 1 – December 31. The seasonal quota for Trimester 3 amounts to 7,533 mt.

As a reminder, the seasonal quota for Trimester 2 is 20,161 mt. As of August 22, 2016, 78% of the Trimester 2 quota has been harvested.

Atlantic Herring Eastern Maine Spawning Closure in Effect Starting August 28, 2016 and Extending through September 24, 2016

August 23, 2016 — The following was released by NOAA:

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. In 2016, the Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved a one-year pilot of a new 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. However, if sufficient samples are not available then closures will begin on predetermined dates.

There are currently no samples for the Eastern Maine spawning area to determine spawning condition, therefore the Eastern Maine spawning area will be closed starting at 12:00 a.m. on August 28, 2016 extending through 11:59 p.m. on September 24, 2016. Vessels in the directed Atlantic herring fishery cannot take, land or possess Atlantic herring caught within the Eastern 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 Eastern Maine spawning area.

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

Maine coast   68° 20’ W

43° 48’ N       68° 20’ W

44° 25’ N       67° 03’ W

North along the US/Canada border

Judge rules for government in monitoring suit

August 1, 2016 — A federal judge presiding over the lawsuit filed by New Hampshire fisherman David Goethel challenging the legality of NOAA Fisheries forcing groundfishermen to pay for at-sea monitoring has ruled in favor of the federal government.

U.S. District Court Judge Joseph N. Laplante issued his 31-page ruling Friday in Concord, N.H., granting summary judgment to the defendants in the lawsuit that was filed last December naming Commerce Secretary Penny Pritzker — whose department oversees the National Oceanic and Atmospheric Administration — as lead defendant.

“Ultimately, the voluminous administrative record demonstrates that (Amendment 16) — including the industry funding requirement — was the end product of a lengthy period of deliberation and public comment,” Laplante wrote in his conclusion.

Laplante went on to say that the mandated industry funding of at-sea monitoring is authorized by the Magnuson-Stevens Act that governs commercial fishing in U.S. waters and does not violate a variety of federal acts as claimed by the plaintiffs.

Read the full story at the Gloucester Daily Times

To Help New England Fisheries, Cooking Up Invasive Crabs

July 26, 2016 — They have green backs, pink bellies and are only about 2 inches in diameter. The green crab is an invasive predator that’s been destroying clam and scallop populations from South Carolina to Maine — since they were introduced here two centuries ago.

Now, some New England chefs are looking for ways to put this invasive species – on the menu.

“I’m probably gonna upset some of my fisherman friends,” says Brendan Vesey, the chef at The Joinery, an upscale restaurant in Newmarket, N.H. “Because I think Tuna is delicious, and I understand why we catch it, but I currently don’t serve it.”

Why? He says – eating that one big predator at the top of the food chain throws off the whole ecosystem. Instead of seared tuna steaks Vesey serves invasive Green Crab Bisque, with seared fish, fresh peas, and house-made bacon.

Fisherman Everett Leach stops by the restaurant to drop 20 pounds of green crabs, clawing and crawling in a plastic bucket. As he stops one from escaping, another crawls out of the bucket.

“Keep an eye on ‘em, they’re runners,” he warns Vesey.

Read the full story at Rhode Island Public Radio

Herring limits expanded to prolong catch of lobster bait

July 21, 2016 — An interstate fishing council has extended some of Maine’s emergency Atlantic herring restrictions to Massachusetts to try to close a loophole that threatened to derail the summer supply of lobster bait.

On Wednesday, the Atlantic States Marine Fisheries Commission voted 2-1 to cut the number of days that herring boats can land fish each week within its jurisdiction from five to two, with Maine and New Hampshire representatives voting in favor of the landing day reduction and Massachusetts voting against it. Under its emergency rules, Maine had already cut its landing days down to two in an attempt to prolong the availability of fresh herring throughout the lobster season, but boats that fished that area could still land for five days if they sailed to a Massachusetts port such as Gloucester.

Maine regulators are trying to balance the lobster industry’s demand for fresh bait now, when season is just beginning but offshore herring is in short supply, with its need for fresh bait through the end of summer, when the inshore summer herring quota is in danger of running out. While lobstermen don’t like a bait shortage at any time, the industry is supporting Maine’s herring restrictions to make sure there will still be fresh bait available when they need it most.

Maine regulators who lobbied on behalf of the regional rule change say one large boat that usually fished for menhaden has begun to fish heavily for herring and bring it to Gloucester. They argued that boat, which fishermen described as 160 feet long with a 50-foot seine, could undermine Maine’s efforts to stretch the 19,400 metric ton quota of herring that can be taken from Maine’s coastal waters through September, and punish Maine’s herring fleet, which has supported the state’s effort to balance the need to prolong the quota and still keep at least some herring coming in for lobstermen to bait their traps.

“Without constraints on the landing (in Massachusetts) we would not make it into August, much less September,” said Terry Stockwell of Maine Department of Marine Resources.

Read the full story at the Portland Press Herald

ASMFC Atlantic Herring Section Modifies Area 1A’s Trimester 2 Landing Days

July 21, 2016 — The following was released by the Atlantic States Marine Fisheries Commision:

The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section (Section) members from Maine, New Hampshire and Massachusetts met via conference call on Wednesday July 20, 2016 to discuss Area 1A (inshore Gulf of Maine) days out measures for Trimester 2 (June 1 to September 30). The call was initiated to discuss increased effort in the fishery and equitable fishing opportunities. As of July 18, 2016, 41.3% of the Area 1A Trimester 2 quota (19,480 mt) had been harvested.

Section members, with input from industry, modified the days out effort control measures for Area 1A Trimester 2 as follows:

July 24 through September 30: Vessels may land herring two (2) consecutive days a week until further notice. All other days are designated as days out of the fishery (e.g., vessels may not land herring).

· Vessels in the State of New Hampshire and the Commonwealth of Massachusetts may land herring starting at 12:01 a.m. on Mondays up to 11:59 p.m. on Tuesdays.

· Vessels in the State of Maine may land herring starting at 6:00 p.m. on Sundays up to 6:00 p.m. on Tuesdays.

Two landing days will become effective beginning at 6:00 p.m. on Sunday, July 24 and will remain in place until changed by additional notice.