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Trip Limit Decreased to 500 Pounds Gutted Weight per Trip for Commercial Harvest of Vermilion Snapper in Federal Waters of the South Atlantic Beginning October 2, 2017

September 27, 2017 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:

The daily trip limit for the commercial harvest of vermilion snapper in federal waters of the South Atlantic is reduced from 1,000 pounds gutted weight to 500 pounds gutted weight, effective 12:01 a.m. (local time) October 2, 2017.

WHY IS THIS TRIP LIMIT REDUCTION IS HAPPENING:

  • NOAA Fisheries has determined 75 percent of the July-December commercial quota has been landed.
  • The commercial vermilion snapper trip limit is reduced when 75 percent of the July-December quota is reached in federal waters of the South Atlantic.

DURING THE TRIP LIMIT REDUCTION:

  • The 500-pound gutted weight trip limit applies to vessels with a South Atlantic Unlimited Snapper-Grouper Permit fishing for vermilion snapper in or from federal waters in the South Atlantic region.
  • The 500-pound gutted weight trip limit will remain in effect until the end of the current July-December 2017 fishing season or until the quota is reached and vermilion snapper closes, whichever occurs first.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

NCFC Members Bring Concerns of Commercial Fishermen to House Hearing on Fisheries Bills

WASHINGTON (Saving Seafood) – September 26, 2017 – Members of Saving Seafood’s National Coalition for Fishing Communities testified this morning at a hearing of the House Natural Resources Subcommittee on Water, Power and Oceans on four bills that would modify federal fisheries management.

Jon Mitchell, mayor of the nation’s top-grossing fishing port New Bedford, Massachusetts and head of the New Bedford Harbor Development Commission, and Mike Merrifield, Fish Section Chairman of the Southeastern Fisheries Association (SFA) testified on the needs of commercial fishermen and reforms they would like to see to the Magnuson-Stevens Act.

Mayor Mitchell and Mr. Merrifield were joined by several other witnesses, including Assistant Administrator for NOAA Fisheries Chris Oliver, who testified on the reauthorization of the Magnuson-Stevens Act and the possibility of allowing additional flexibility in stock rebuilding. Earlier this year, commercial fishermen from around the country united to support Mr. Oliver’s appointment to NOAA.

At this morning’s hearing, the subcommittee considered two bills to amend and reauthorize the Magnuson-Stevens Act, as well as bills that would alter recreational fisheries and red snapper management.

While Mayor Mitchell called the Magnuson-Stevens Act “generally speaking…a success story” that has helped make America’s fisheries “at once among the world’s largest and most sustainable,” he called for more flexibility in fisheries management to allow fishermen to catch their full scientifically justified quota. In particular, he criticized the ten-year rebuilding requirement for overfished stocks.

“The ten-year rule is arbitrary, and its establishment was at odds with the underlying premise of regional management,” Mayor Mitchell said. “Regional councils should have the flexibility to set rebuilding timelines for stocks under their jurisdiction based on the unique biological and ecological conditions, and by giving appropriate weight to the economic wellbeing of fishing communities.”

The mayor was also critical of the Antiquities Act, by which presidents can designate large national monuments with little or no input from scientists and local stakeholders. The Act was recently used to create and enlarge several marine monuments, including the Northeast Canyons and Seamounts Marine National Monument in New England and the Papahānaumokuākea Marine National Monument in Hawaii.

“The continued use of a parallel process outside the Magnuson-Stevens Act, however well-meaning, ultimately works against the long-term interests of all stakeholders,” Mayor Mitchell said. “We all lose when the checks and balances employed in the council process are abandoned.  A decision-making process driven by the simple assertion of executive branch authority ultimately leaves ocean management decisions permanently vulnerable to short-term political considerations.”

Mr. Merrifield voiced skepticism of efforts to shift federally managed species over to state management, saying that states manage many fisheries in such a way that recreational fishermen get most or, in some cases, all of the fish.

“SFA firmly believes there should be no reward for exceeding [annual catch limits] and that all stakeholders – commercial, for-hire and private anglers – should each be held accountable for their impacts on our nation’s fish resources,” Mr. Merrifield testified. “We must resist changes to the law that could be interpreted to remove this accountability.”

Mr. Merrifield also testified about the SFA’s strong opposition to the RED SNAPPER Act, introduced by Rep. Garret Graves of Louisiana, which would give states more authority over red snapper management.

“The justification [for this legislation] is built entirely on the misconception that anglers can only fish for red snapper for 3 days (now 39 days) in federal waters in the Gulf of Mexico,” Mr. Merrifield said. “This is a false narrative. Anglers can fish 365-days per year for red snapper and all of the other 38 species in the Gulf reef fish complex. They can only kill red snapper on 3 (or 39) of those days. To be clear, there is unlimited fishing opportunity for recreational anglers in the federal waters of the Gulf which calls into question the actual need for, and defense of, this legislation.”

Read Mayor Mitchell’s full testimony here

Read Mr. Merrifield’s full testimony here

Members Review Proposals to Modernize Federal Fisheries Management

September 26, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Today, the Subcommittee on Water, Power and Oceans held a legislative hearing on a series of bills aimed at improving federal fisheries management for commercial and recreational fisherman.

“Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. Whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore-side support, a boat manufacturer, or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small businesses,” Subcommittee Chairman Doug Lamborn (R-CO) said. 

H.R. 200, introduced by Chairman Emeritus Don Young (R-AK), reauthorizes the Magnuson-Stevens Fishery Conservation and Management Act. Since the last reauthorization, fishermen’s access has been eroded by federal agencies that ignore public input and rely upon outdated science in management decisions. Existing implementation of the law has resulted in negative impacts to local economies and a greater regulatory burden on recreational and commercial fishermen.

“My bill works to strengthen the Magnuson-Stevens Act by giving our nation’s regional fisheries councils the added flexibility they need,” Young said. “As a father of the original 1976 legislation, my goal is to reauthorize the MSA with a focus on maintaining the species; ensuring they’re healthy, can retain themselves and can continue to support coastal communities that rely on these fisheries.”

The Committee also discussed two bills from Rep. Garret Graves (R-LA), H.R. 2023, the “Modernizing Recreational Fisheries Management Act of 2017,” and H.R. 3588, the “RED SNAPPER Act,” which looked more closely at systemic issues facing recreational fishers and more specifically red snapper management.

“It is my hope that we can use these bills in front of us today to produce a strong, bipartisan Magnuson-Stevens reauthorization that supports jobs and our fishermen by strengthening the science, data, and process used in federal fisheries management,” Lamborn added.

Chris Oliver, Assistant Administrator for the National Oceanic and Atmospheric Administration (NOAA), conveyed the administration’s support for the added flexibility for innovative, regional management plans.

“NOAA Fisheries stands ready to work with the Congress to craft a reauthorization bill that addresses current fishery management challenges and ensures the Nation’s fisheries are able to meet the needs of both current and future generations,” Oliver stated.

Click here for full witness testimony.

South Atlantic Council Requests Allowing Harvest of Red Snapper in 2017 and 2018

September 26, 2017 — CHARLESTON, S.C. — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council voted today to approve a request to NOAA Fisheries that would allow fishermen access to red snapper in federal waters in the South Atlantic beginning in mid-to late October this year. If approved by NOAA Fisheries, it will be the first time since 2014 that the red snapper fishery has been open in federal waters off the coasts of the Carolinas, Georgia, and the east coast of Florida. The Council is requesting that NOAA Fisheries allow an interim annual catch limit (recreational and commercial) of 42,510 fish for 2017 via an emergency rule. The annual catch limit would allow for a recreational mini-season likely beginning the end of October, with approximately 6 to 12 days of fishing over a period of 3-day weekends. The recreational bag limit would be 1 fish per person/day with no minimum size limit. Commercial harvest would be allowed with a 75-pound trip limit. The recreational sector is allocated 71.93% of the total catch limit. If the Council’s request is approved, the number of days and specific dates of the recreational mini-season will be determined by NOAA Fisheries. A decision is expected in the coming weeks and will be announced by NOAA Fisheries.

In addition to the emergency rule request to allow an opening this year, the Council also approved measures in Amendment 43 to the Snapper Grouper Fishery Management Plan with the intent to have a red snapper season in 2018. The amendment would revise the process to calculate the annual catch limit for red snapper, allowing mini-seasons for red snapper beginning in July. If allowed, the recreational fishery would open the second Friday in July (July 13, 2018) and the commercial fishery the second Monday in July (July 9, 2018). The annual opening dates for the fishery were established through an earlier amendment.

Under the Council’s approved preferred alternative, the 2018 annual catch limit would also be 42,510 fish. Because fishing pressure would be greater during the summer months in most areas, it is estimated that the recreational mini-season would last between 4 to 7 weekend days with a 1 fish per person/day bag limit and no minimum size limit. The commercial trip limit would remain at 75 pounds. The number of recreational fishing days would be determined by NOAA Fisheries and announced prior to the July opening. The Secretary of Commerce must approve Amendment 43 before it is implemented.

There was much discussion on various management alternatives as Council members reviewed public input. Public hearings on Amendment 43 were held in August and over 230 written public comments were recently received on both the emergency rule request and Amendment 43. Public comment was also taken during today’s meeting. “We’ve consistently heard from our constituents about the increasing number of red snapper encountered and concerns that harvest has been prohibited for the past four years,” said Council Chair, Dr. Michelle Duval. “The majority of comments support allowing a limited harvest of red snapper.”

The Council’s decision to move forward with options to establish an interim annual catch limit and allow limited harvest of red snapper was based in part on the public testimony and support. The Council’s Scientific and Statistical Committee had recommended acceptable biological catch levels for red snapper following a 2017 stock assessment using both landings and estimated discards. Annual catch limits are based on those recommended catch levels. However, NOAA Fisheries later stated that using recreational discard estimates is likely ineffective for monitoring red snapper removals due to uncertainty in the estimates of discards. This inhibits the ability to set an acceptable biological catch that can be effectively monitored. In addition, the Council considered increases in the numbers of red snapper observed through a long-term scientific survey using fish traps.

Council members also noted the positive social and economic benefits of allowing mini-seasons beginning this year, especially on the heels of recent damage to fishing communities by Hurricane Irma.

State agency personnel will work diligently to collect information from fishermen if harvest is allowed. Personnel will be stationed at boat ramps, marinas, and other locations to gather data, similar to data collected during the 2012-2014 mini-seasons. “The Florida Fish and Wildlife Conservation Commission, Fish and Wildlife Research Institute will be conducting surveys of private recreational anglers and charter-for-hire crew,” explained Jessica McCawley, Council representative for FWC. “Additionally, biologists will be collecting tissue samples (ear bones and gonad samples) to evaluate the sizes, ages, and reproductive condition of the fish being harvested.” Council members noted that additional data collected during the mini-seasons would be useful in future management decisions.

Private recreational fishermen will also have an opportunity to report their catch information as part of a voluntary pilot project using the mobile iAngler tournament app. The free mobile app will allow fishermen to report their landings of red snapper, the number of fish released, depths fished, and other valuable information. Additional details will be publicized from the Council office as they become available.

“It is important for fishermen to remember that this is their red snapper resource,” explained Dr. Duval. “It is imperative that fishermen do everything possible to minimize the number of red snapper released during the season openings and use best fishing practices to improve the survival of released fish. Anglers are encouraged to move away from area populations after catching their bag limit and to use descending devices to reduce the impacts of barotrauma, especially when fishing in depths over 100 feet.” Dr. Duval also noted the rate of harvest in 2017 will determine the length of the 2018 red snapper season. “We must be cautionary in balancing access to the fishery without negatively impacting the sacrifices made thus far as this important stock continues to rebuild.”

The Council will continue its meeting this week through Friday. Additional meeting information is available at: http://safmc.net/2017-september-council-meeting/.

Extension of Valid Period for Vessel and Dealer Permits

September 25, 2017 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

  • Because of technical difficulties due to Hurricane Irma, the NOAA Fisheries Southeast Region Permits Office is providing an extension of the valid period of any permits for which owners have submitted a renewal application.  Only those expired permits already submitted for renewal to the Southeast Region Permits Office will be considered valid until October 31, 2017.   

Background:

  • Since the passing of Hurricane Irma, the permit system at the Southeast Regional Office in St. Petersburg, Florida, has experienced unusual delays in permit renewals.
  • Some individuals applied to renew their permits in a timely manner, but have not received new permits due to Hurricane Irma.
  • For permits that are expired but have renewal applications pending at the Southeast Regional Office, the permit expiration will be considered extended until October 31, 2017.
  • This extension applies to all Gulf of Mexico, South Atlantic, and Highly Migratory Species vessel permits and dealer permits.
  • Permit transfers will not be processed until the system is functioning.

Fishing industry awaits Rafael outcome

Stakeholders weigh in on fate of Codfather’s permits, penalties

September 22, 2017 — The specter of Carlos Rafael, along with his legal baggage and trove of groundfish permits, continues to hang over the New England commercial fishing industry like a shroud that most stakeholders wish would just go away.

The sentencing of Rafael, the New Bedford fishing magnate known as “The Codfather” for his expansive vessel and groundfish permit holdings, is set to begin Monday in U.S. District Court in Boston on charges of conspiracy, lying to federal fishing regulators about the nature and size of his groundfish landings and bulk smuggling.

“We can’t wait for this to be resolved,” said Maggie Raymond of the Associated Fisheries of Maine.

The sentencing of the 65-year-old Rafael, who pleaded guilty in March as part of a plea deal with federal prosecutors, won’t end the contretemps. Not by a long shot.

While everyone seems to agree that Rafael should feel the full wrath of the law for his admitted misdeeds — he faces up to 76 months in prison, restitution of $109,000 to the IRS and the seizure of at least the 13 groundfishing vessels used in his scam — full resolution only will come when NOAA Fisheries decides the final fate of his 42 groundfishing permits.

There is no shortage of opinions of what NOAA should do.

Read the full story at the Gloucester Times

New Method to Estimate Abundance/Detect Trends in North Atlantic Right Whales Confirms Recent Population Decline

Study confirms need for urgent action

September 22, 2017 — NOAA Fisheries researchers and colleagues at the New England Aquarium have developed a new model to improve estimates of abundance and population trends of endangered North Atlantic right whales, which have declined in numbers and productivity in recent years.  The findings were published in the journal Ecology and Evolution.

Between 1990 and 2010, the abundance of North Atlantic right whales increased just under three percent per year, from about 270 animals in 1990 to 482 in 2010. After relatively steady increases over that time, abundance has declined each year since 2010 to 458 animals in 2015.  The analysis shows that the probability that the population has declined since 2010 is estimated at 99.99 percent. Of particular concern is decline of adult females in the population, estimated at 200 in 2010 but 186 in 2015, the known deaths of 14 North Atlantic right whales this year, and the widening gap between numbers of males and females.

“Although our work directly reveals a relatively small decrease, the subtext is that this species is presently in dire straits,” said lead author Richard Pace.

Read the full story at the Northeast Fisheries Science Center

NOAA Shipyard Update: NEFSC Fall Research Cruises Will Continue

September 22, 2017 — The following was released by NOAA Fisheries:

The annual NEFSC Fall Bottom Trawl Survey will be conducted on the NOAA Ship Pisces, which is a fishery survey research vessel similar to the Bigelow. Only Georges Bank and Gulf of Maine will be surveyed. The two most southerly areas, the Mid-Atlantic and Southern New England have been dropped.

If all goes smoothly in preparing the Pisces to support the survey, October 16 is the target start date carrying on through November 20.

Fishing gear will be moved from the Bigelow onto the Pisces, and some devices will be installed for monitoring trawl performance while the gear is fishing. Supplies and equipment needed for the survey are already aboard the Bigelow, and will be transferred to the Pisces. The modifications to Pisces are underway.

In a typical year, the Fall Bottom Trawl Survey occupies an average of 377 stations across the Northeast Continental Shelf from the Cape Hatteras to the northern Gulf of Maine in four segments, or legs. Each leg covers a different area beginning in the south and ending in the north.

The number of stations in the Georges Bank and Gulf of Maine survey areas will be similar to past years. Fewer data will be collected at each station because Pisces has less fish handling capacity than the Bigelow. However, samples critical for stock assessments will be collected, including lengths, weights, and hard parts used for aging fish (usually scales and ear bones). Two other NEFSC research cruises planned for this fall were also delayed by the Bigelow repair, and will be conducted on other ships.

The first leg of the Fall Ecosystem Monitoring cruise has been moved to the NOAA Ship Gordon Gunter, an oceanographic research vessel. This cruise collects oceanographic data and plankton samples and has been conducted from the Gunter in the past. There is no firm plan for Leg 2 of this cruise, but the Bigelow is an option if it is ready as scheduled. A beaked whale sighting survey was moved onto a chartered vessel, the R/V Sharp, operated by the University of Delaware, and has been completed with fewer objectives than originally planned.

Meanwhile, repairs continue on schedule for the NOAA Ship Henry Bigelow. The ship is expected back in service in early November 2017.

Read this update on the Northeast Fisheries Science Center website.

Commerce chief Ross makes waves, roils fisheries rules

September 21, 2017 — Commerce Secretary Wilbur Ross has wasted little time in giving a jolt to the nation’s fisheries.

In June, the 79-year-old billionaire investor who now oversees NOAA Fisheries singlehandedly extended the fishing season for red snapper in the Gulf of Mexico, ignoring protests from scientists and environmentalists that it could spur overfishing of the popular species.

Then in an unprecedented decision in July, he handed a big win to New Jersey fishermen and the state’s Republican governor, Chris Christie, by overturning catch limits for summer flounder that had been approved by an interstate fisheries commission.

While Ross wants more fishing and more seafood exports, critics say his early moves have smacked of meddling and favoritism and will ultimately sabotage hard-won conservation gains.

And many fear that states and fishing groups will directly seek political relief instead of following NOAA procedures and adhering to fishing quotas set by government experts and scientists.

“It just really seems that it’s kind of setting a bad precedent,” said Trey Blackiston, a former commercial fisherman from Chestertown, Md.

Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations, said he’s still waiting for Ross to sign an emergency declaration for California crabbers and salmon fishermen. But he’s worried about the signals from Washington.

“We’re asking maybe the wrong questions, right?” Oppenheim said. “If the Trump administration is finding it easier to disrupt the status quo than to follow the normal procedures to get this done, we don’t want any part of that. We’re sort of sitting on the West Coast with one of the best fishery management council processes in place … watching the country crumble and wondering what the hell’s going on. But I’m not inclined to seek political favors.”

Read the full story at E&E News

MASSACHUSETTS: CLF teleconference on Rafael agrees on one thing: More monitoring

September 14, 2017 — NEW BEDFORD, Mass. — Less than two weeks remain until the Carlos Rafael trial is scheduled to wrap up with sentencing set for Sept. 25 and 26.

The Conservation Law Foundation held a teleconference Wednesday to discuss the evolution of Rafael’s actions to his guilty plea and potential fallout from sentencing.

CLF attorney Peter Shelley discussed the topic with Togue Brawn of Downeast Dayboat, a commercial scallop company, and Patrick Shepard of the Maine Center for Coastal Fisheries.

“I think it’s fair to say all eyes on are NOAA fisheries and what’s it going to do,” Shelley said.

The answer at this point is no one really knows — at least until sentencing. NOAA has consistently told The Standard-Times it doesn’t comment on ongoing litigation.

However, the CLF teleconference provided recommendations on what can be done in the aftermath of Rafael’s sentencing.

Read the full story at the New Bedford Standard-Times

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