Saving Seafood

Maine Coldwater Shrimp Research Survey Harvests Fall Short of Predictions

February 10, 2016 — Maine shrimp lovers are hoping for the best this winter. With the shrimp population in decline over the past few years, and the Gulf of Maine shrimp fishery being closed for the third season in a row to shrimp trappers and trawlers, there won’t be much Maine shrimp in markets, restaurants or on dinner tables again this year.

But thanks to a study being conducted by the Atlantic States Marine Fisheries Commission (ASMFC) and the states of Maine, New Hampshire and Massachusetts, four trawlers and two trappers have been selected to collect samples of northern shrimp from the Gulf of Maine.

Marine biologists will use the data to determine the timing of the egg hatch, and the size, gender and developmental stage of the shrimp, according to biologist Margaret Hunter of the Maine Department of Marine Resources (DMR). A total catch of 48,500 pounds from the Gulf of Maine is being allowed. Any shrimp not used in the study may be sold by the fishermen.

Each participating trawler is required to conduct five research trips in one region, and is being compensated $500 per trip. Each would be allowed to sell up to 1,800 pounds of shrimp per trip.

The two shrimp-trapping vessels are required to continue hauling until the shrimp have hatched off all their eggs. Each is allowed 40 traps, and may haul as often as necessary during the project, with a 600-pound weekly catch limit. The shrimp may be sold, but there will be no other compensation for the trappers.

Despite the best efforts of local trapper Bill Sherburne, as of yet, the shrimp catch has not met his expectations.

As of Feb. 1, Sherburne said he hadn’t done as well as he had hoped. “It makes a difference where the traps are placed. They don’t come close to shore until the water cools down.”

Read the full story at Boothbay Register

NEFMC Releases Newsletter for January 2016 Meeting, Portsmouth, NH

February 5, 2016 — The following was released by the New England Fishery Management Council:

At its Jan. 26-28 meeting in Portsmouth, NH, the Council approved actions related to the development of several fishery management plans. The issues involved:

  • A witch flounder ABC
  • At-Sea Monitoring
  • Small Mesh Multispecies
  • The Omnibus Industry-Funded Monitoring Amendment
  • Amendment 8 to the Atlantic Herring FMP

View a PDF of the Newsletter

Federal judge denies fisherman’s motion to block shift of monitoring costs to fishermen

January 28, 2016 —  A federal judge has denied a New Hampshire fisherman’s motion for a preliminary injunction that would have halted NOAA Fisheries’ plan to shift the cost of the at-sea monitoring program to fishermen.

U.S. District Judge Joseph J. Laplante, sitting in Concord, New Hampshire, ruled Wednesday that New Hampshire fisherman David Goethel’s claims for injunctive relief in his suit against the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration are barred by the Magnuson-Stevens Act.

“Accordingly, plaintiffs’ motion for preliminary injunction is denied,” Laplante wrote in his ruling.

Goethel, owner of the 44-foot fishing trawler Ellen Diane out of Hampton, and Northeast Fishing Sector 13 are suing the federal agencies and administrators, claiming NOAA’s plans to shift the cost of at-sea monitoring (ASM) to permit holders is illegal and will put fishermen out of business.

Saving Seafood Editor’s Note: The following clarification was provided by David Goethel, a primary plaintiff in the lawsuit:

The Judge gave a narrow preliminary ruling that denied the availability of a particular kind of preliminary injunctive relief. He ruled that he could not issue an injunction to stop the National Marine Fisheries Service from charging the fishermen for At-Sea-monitoring until the merits of the case were decided. The court said nothing about the merits of the case — specifically, nothing at all about the legality of industry funding for ASM — and we are working to get the merits decision as quickly as possible. Meanwhile the Court denied the government’s motion to transfer the case to Boston, Massachusetts, so we can hope that he will want to reach the merits soon.  We are still fighting to prevent industry funding from kicking in. A court date has not been set for a hearing on the merits of our case, but the Judge did set a date for the government to provide the administrative record and honor a Freedom of Information request for all documents and emails written in regards to at-sea monitoring.

Read the full story at Gloucester Daily Times

 

 

DON CUDDY: Fishermen fight back against government overreach

January 28, 2016 — The commercial fishermen suing the federal government over the cost of at-sea monitors had their day in federal court in Concord, New Hampshire, last Thursday. At issue is the notice to fishermen that they will henceforth be required by the National Marine Fisheries Service to pay out of pocket for the at-sea monitors that accompany them on fishing trips, an expense previously absorbed within the annual budget of the National Oceanic and Atmospheric Administration. That agency contends that it no longer has the money to fund the program, although these monitors act as agents for the government, and it insists that the boats must now assume payment. Fishermen believe that the high cost of monitors, as much as $710 daily, is excessive, will force many to tie up their boats and result in “irreparable harm.” They also believe that, irrespective of the cost, having at-sea monitors on their boats is a government mandate and consequently should be funded by the government.

I attended the hearing with John Haran of Dartmouth, manager of Northeast Fisheries Sector XIII which includes 32 fishermen. Sector XIII is a plaintiff in the case along with New Hampshire commercial fisherman Dave Goethel.

The all-day hearing concluded without a ruling. Federal District Judge Joseph Laplante will issue a decision in his own time after deliberating on a legal case with potential ramifications not only for the fishing industry but with respect to any government agency’s attempt to increase its own power.

Steve Schwartz, an attorney with Cause of Action, a nonprofit based in Washington, D.C., that focuses on government overreach, represents the fishermen. He told the court that the scope of an agency’s power is determined exclusively by Congress and that NOAA lacks the statutory authority to require fishermen to pay for monitors. If NOAA can force fishermen to start writing checks, “it would open the door to a whole panoply of ways that agencies can expand their powers,” he said.

Read the full opinion piece at New Bedford Standard Times

 

Ohio Gov. Kasich and the New Hampshire Fishermen

January 25, 2016 — When John Kasich tells you that he is a skilled executive, believe him.

Governor Kasich met with several New Hampshire fishermen on 8 January.  David Goethel, owner and captain of the 44-foot fishing trawler Ellen Diane, is suing NOAA (the National Oceanic and Atmospheric Administration) for bureaucratic overreach and has explained his position in a Wall Street Journal op-ed.  Governor Kasich read the op-ed and as a result requested the meeting.

This was not a campaign stop.  Nobody took names for a mailing list; nobody handed out bumper stickers.  The governor was there to learn and to help.

The impromptu get-together was held indoors in the fish-processing bay at the Yankee Fisherman’s Cooperative in Seabrook, N.H.  The aroma of fish guts filled the air, reminding me of my school-day summers working on the fish pier in Gloucester.

There were several fishermen present – a small several, as years of government assistance have driven many from the business.  The governor listened to them as they expanded their complaints beyond the scope of Mr. Goethel’s lawsuit.  I couldn’t hear well, as the non-campaign stop lacked an audio system.

After a few minutes, Governor Kasich said, “OK, can I speak now?” and then went on in a loud but conversational tone to outline what needs doing.  First and foremost, he said, get your congressional representatives involved.  Have them write letters, forceful letters, to the executive branch.  Get the powerful congressional leaders involved, Republicans and Democrats, like Senator Schumer among the latter group.

The fishermen told the governor that there had been several congressional letters in their behalf; all apparently fell on deaf ears.  There are currently two letters relative to Mr. Geothel’s lawsuit sent to Dr. Sullivan, the head of NOAA, in early January.  One was signed by nine senators and several House members from the five seacoast New England states.  The other was from the tenth senator of the region, the obsequious Edward Markey.

Read the full story at American Thinker

Fishermen await court’s decision about at-sea monitoring lawsuit

January 22, 2016 (AP) — CONCORD, N.H. — East Coast fishermen are awaiting a judge’s decision about their contention that the federal government’s plan to hand them the cost of at-sea monitoring is illegal.

Fishermen of important New England food species such as cod and haddock will have to start paying the cost of at-sea monitors soon under new rules. Monitors collect data to help determine future fishing quotas and can cost about $800 per day.

Read the full story from the Associated Press at the Boston Herald

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.

Questions schooling around at-sea fishing monitors

January 16, 2016 — The battle over the cost and scope of at-sea monitoring of Northeast groundfish vessels, now being played out on various regulatory and legal platforms, promises a hectic end to the current fishing season and a complex start to the next.

There are no shortage of questions.

  • When will the federal government run out of money and shift the responsibility for paying for observers to the permit holders?
  • How will NOAA Fisheries respond to the recommendations from the New England Fishery Management Council that would significantly alter the at-sea monitoring program in the 2016 fishing season, which begins May 1?
  • How do the fishing sectors, once they are handed the responsibility of paying for observer coverage, negotiate new contracts with monitoring contractors when they don’t know what rules will be in place for the remainder of this fishing season and the beginning of the next?
  • Finally, what affect will the federal lawsuit, filed by New Hampshire fisherman David Goethel seeking the elimination of the monitoring program, have on the process in the short and long terms?
  • “Knowing what the numbers are going to be and what the process is going to be is really important,” Northeast Seafood Coalition Executive Director Jackie Odell told the Gloucester Fishing Commission on Thursday night. “That kind of certainty is really essential.”

Presently, that certainty is nowhere to be found.

Proposed rule changes

Odell was before the board seeking its commitment to support the proposed rule changes for at-sea monitoring approved by the council in December. Those measures are designed to alter the methodology and cost of providing observer coverage to make the program more efficient and ease the ultimate burden of assuming the responsibility for paying for the coverage.

Read the full story at the Gloucester Daily Times

 

Gloucester Daily Times: Finding common ground on monitors

January 13, 2016 — It takes a lot to bring Democrats and Republicans together on any issue in these days of heightened, highly partisan politics. It seems, however, that the National Oceanic and Atmospheric Administration has done the trick.

Sixth District U.S. Rep. Seth Moulton and 16 of his fellow New England congressmen — 12 Democrats, four Republicans and an independent — united last week to call on the agency to delay or call off its plans to force fishing vessel permit holders to pay to have someone looking over their shoulder as they work.

The so-called onboard monitoring program, where a federal observer rides along on fishing trips, is estimated to cost about $710 per day, per vessel. And NOAA expects fishermen to foot the bill. It’s an additional expense — the very definition of an unfunded mandate — that could put permit holders out of business for good. 

As Hampton, N.H., fisherman David Goethel asked John Kasich during the presidential candidate’s visit to Seabrook last week, “Can anyone in this room afford to spend $710 a day to drive to work, to have your own personal state trooper by your side to make sure you don’t go 66 on Interstate 95? (NOAA’s) own economists tell them that fishermen can’t afford it, and their answer is, basically, ‘tough.’ We shouldn’t have to sue our own government, but we have to because they’re not being held accountable.”

Goethel is suing the federal government over the monitoring plans. Kasich called the idea of forcing fishermen to pay for monitors “ridiculous” and “absurd.”

Goethel would seem to have allies — in spirit, at least — in the region’s congressmen. Their letter to NOAA Administrator Kathleen D. Sullivan urged the agency to delay shifting costs for the program to fishermen until a more efficient, less expensive plan is devised.

Read the full editorial at Gloucester Daily Times

New Hampshire Candidates Sought for New England Fishery Management Council

January 12, 2016 — DURHAM, N.H. — The State of New Hampshire has been notified by the National Marine Fisheries Service of vacancies for New Hampshire’s obligatory seat and two at-large seats for the New England Fishery Management Council (NEFMC). New Hampshire’s obligatory seat is currently held by Ellen Goethel of New Hampshire, who is completing her first term as a Council member.

Candidates should be individuals who, by reason of their occupational or other experience, scientific expertise, or training, are knowledgeable regarding the conservation and management, or the commercial or recreational harvest, of the fishery resources in the coastal and ocean waters of New Hampshire and New England. Those interested in being considered for the obligatory seat must be residents of New Hampshire.

To assist in filling these vacancies, the New Hampshire Fish and Game Department’s Marine Fisheries Division will host a candidates’ interview night on Thursday, February 11, 2016, at 7:00 p.m., at the Urban Forestry Center in Portsmouth, N.H. Potential candidates must be prepared to present their qualifications at the session. Interested candidates should contact Doug Grout, Chief of Marine Fisheries for the N.H. Fish and Game Department, at (603) 868-1095.

Read the full story at The Outdoor Wire