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MASSACHUSETTS: Fishermen need Mass. Attorney General Maura Healey’s help

March 2, 2016 — When touring the North Shore a year and a half ago, then-candidate for attorney general Maura Healey made it a point to mention her family ties to Gloucester, Newburyport and the region’s fishing industry. The implication was that, if elected, fishermen would have a powerful ally on Beacon Hill, or at the very least someone who understood the unique difficulties facing the industry.

Now, Healey is well into her second year as attorney general, and it is time to make good on her promise to protect the industry from federal overreach.

We are talking specifically about the National Oceanic and Atmospheric Administration’s at-sea monitoring program, which places observers on fishing vessels to record details of their catch and make sure the federal government’s byzantine regulations are strictly followed.

The most galling aspect of the program, however, is the requirement that fishermen pay for their overseers. By some estimates, the cost could run as high as $710 a trip. Fishermen are already on a razor’s edge; forcing them to pay out and extra several hundred dollars a trip will undoubtedly kill off many of these small businesses for good.

Last week, state Rep. Ann-Margaret Ferrante and state Sen. Bruce Tarr reached out to Healey, asking for her help.

“We request that your office explore all appropriate legal means to support our fishing families and ports through vehicles such as the current pending case,” they wrote in a letter to Healey, referring to a lawsuit filed by fisherman David Goethel in U.S. District Court in New Hampshire aimed at stopping the mandatory monitoring. “We are interested in Mr. Goethel’s plight because his situation is comparable to that of fishermen and Gloucester and the statewide fishing industry.”

Read the full opinion piece at Gloucester Daily Times

In Mexico, Fish Poachers Push Endangered Porpoises to Brink

March 1, 2016 — In 2013, Song Shen Zhen, a 75-year-old resident of Calexico, California, was attempting to re-enter the United States from Mexico when border patrol noticed a strange lump beneath the floor mats of his Dodge Attitude. The plastic bags beneath the mats contained not cocaine, but another valuable product: 27 swim bladders from the totoaba, a critically endangered fish whose air bladders, a Chinese delicacy with alleged medicinal value, fetch up to $20,000 apiece. Agents tracked Zhen to his house, where they discovered a makeshift factory containing another 214 bladders. Altogether, Zhen’s contraband was worth an estimated $3.6 million.

The robust black market is grim news for totoaba — but it’s an even greater catastrophe for vaquita, a diminutive porpoise that dwells solely in the northernmost reaches of the Gulf of California, the narrow body of water that extends between the Baja Peninsula and mainland Mexico. Since 1997, around 80 percent of the world’s vaquitas have perished as bycatch, many in gill nets operated by illegal totoaba fishermen.

Today, fewer than 100 vaquitas remain, earning it the dubious title of world’s most endangered marine mammal. Scientists fear the porpoise could vanish by 2018. “The possible extinction of the vaquita is the most important issue facing the marine mammal community right now,” says Barbara Taylor, a conservation biologist with the U.S. National Oceanic and Atmospheric Administration’s Southwest Fisheries Science Center.

The vaquita — “little cow” in Spanish — is a creature of superlatives. Not only is it the most imperiled cetacean, it is also the smallest, at less than five feet long from snout to tail, and the most geographically restricted: Its entire range could fit four times within Los Angeles’ city limits. Prominent black patches ring its eyes and trace its lips, giving Phocoena sinus a charming, panda-like appearance. The porpoise, which typically travels in pairs or small groups and communicates using rapid clicks, is famously cryptic; conservationists recently went two years without documenting a single sighting. Some Mexican fishermen insist the vaquita is already extinct, photographic evidence notwithstanding.

Read the full story at Yale Environment 360

San Diego tuna chief addresses Congress

March 1, 2016 — A leader in the San Diego tuna industry addressed U.S. Congress on Tuesday over fishing restrictions on the high seas that he said favor foreign boats.

American Tunaboat Association head Brian Hallman threw his support behind legislation that would potentially give U.S. boats a leg up in treaty negotiations for areas of the world’s largest ocean.

The U.S. fleet, many with ties or based in San Diego, has had a rough year so far, losing access to massive sections of the western and central Pacific Ocean.

Compliance in international waters — for things like how many days boats are allowed to fish for tuna in areas where there is no treaty — is governed by three multinational agreements.

The problem, American fleets say, is they are the only nation that ever gets checked on. Also, critics of negotiators from the State Department and the National Oceanic and Atmospheric Administration suggest they could do a better job with treaties.

The legislation, called the Ensuring Access to Pacific Fisheries Act, was introduced by congressional delegate Aumua Amata Coleman Radewagen (R-American Samoa) and Rep. Don Young (R-Alaska).

Its basic function would give more people a chance to negotiate for fishing rights instead of just two people from the federal government.

Read the full story at The San Diego Union-Tribune

NYSDEC Jonah Crab Public Hearing Date Changed from March 23 to April 6

March 1, 2016 – The following was released by the Atlantic States Marine Fisheries Commission:

The states of Maine through Maryland have scheduled their hearings to gather public comment on Draft Addendum I to the Jonah Crab Fishery Management Plan (FMP). The details of those hearings follow.

Maine Dept. of Marine Resources

March 17, 2016; 6-8 PM

Casco Bay Lines Conference Room

56 Commercial Street

Portland, Maine

Contact: Terry Stockwell at 207.624.6553

 

Massachusetts Division of Marine Fisheries

March 14, 2016; 5:30 PM

New Bedford Fairfield Inn and Suites

185 McArthur Drive

New Bedford, Massachusetts

Contact: Dan McKiernan at 617.626.1536

 

March 15, 2016; 6:00 PM

MA DMF Annisquam River Field Station

30 Emerson Avenue

Gloucester, Massachusetts

Contact: Dan McKiernan at 617.626.1536

 

Rhode Island Dept. of Environmental Management

March 16, 2016; 6-9 PM

University of Rhode Island Bay Campus

Corliss Auditorium

South Ferry Road

Narragansett, Rhode Island

Contact: Scott Olszewski at 401.423.1934

 

New York State Dept. of Environmental Conservation

April 6, 2016; 6:30 PM

205 North Belle Mead Road, Suite 1

East Setauket, New York

Contact: Rachel Sysak at 631.444.0469

 

Maryland Department of Natural Resources

April 4, 2016; 2-4 PM

Greater Ocean City Chamber of Commerce

12320 Ocean Gateway

Ocean City, Maryland

Contact: Craig Weedon at 410.643.4601 ext. 2113

 

The Draft Addendum proposes changes to the incidental bycatch limits for non-trap gear (e.g., otter trawls, gillnets) and non-lobster trap gear (e.g., fish, crab, and whelk pots). For non-trap gear, the Draft Addendum includes options to maintain, increase, or eliminate the bycatch limit, while options for non-lobster traps include establishing bycatch limits of varying size or maintaining no limit on these gears. The intent of the Draft Addendum is to cap incidental landings of Jonah crab while ensuring the inclusion of current participants in the Jonah crab fishery. The FMP currently prescribes a 200 crab per calendar day/500 crab per trip incidental bycatch limit for non-trap gear; however, concerns were expressed over the appropriateness of these limits. Data submitted by the New England Fishery Management Council and NOAA Fisheries illustrate while 97-99% of trips from 2010 through 2014 were within the current limit, there were several trips above the limit. Furthermore, current bycatch landings were sufficiently low, accounting for approximately 0.1% of total landings.

Bycatch limits for non-lobster trap gear were added as a second issue for consideration in the Draft Addendum to address concerns regarding the lack of effort controls on non-lobster traps and the potential for trap proliferation. Data submitted by NOAA Fisheries show between May 1, 2013 and August 31, 2015, 194 trips landed Jonah crab with whelk pots, crab pots, and fish pots. Of these, 80 trips landed 100 crab or fewer and 115 trips landed 200 crab or fewer.  Approximately 45 trips landed between 200 and 500 crab and 40 trips landed more than 450 crab.  Landings from Maryland show between 2012 and 2015, 33 trips landed Jonah crab with fish pots. All of these trips were under 200 pounds. Reports also indicated from 2014-2015, 36 trips landed Jonah crab with whelk pots. Average landings per trip with whelk pots were under 500 pounds; however, there is concern that these whelk pot landings may in fact be rock crab, a closely related species which is often misreported as Jonah crab.

Fishermen and other interested groups are encouraged to provide input on the Draft Addendum either by attending state public hearings or providing written comment. The Draft Addendum can be obtained at http://www.asmfc.org/files/PublicInput/JonahCrabDraftAddendumI_PublicComment_Feb2016.pdf or via the Commission’s website,www.asmfc.org, under Public Input. Public comment will be accepted until 5:00 PM (EST) on April 18, 2016 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at mware@asmfc.org (Subject line: Draft Addendum I).

                                                               

Please Comment on the NOAA Fisheries Draft National Bycatch Reduction Strategy

March 1, 2016 — The following was released by NOAA Fisheries:

Recently, we released a draft National Bycatch Reduction Strategy for your review and comment.

NOAA Fisheries is committed to reducing bycatch in U.S. fisheries to ensure our fisheries remain sustainable and protected species are given their best chance to recover.

We created the strategy to better align our resources and authorities to track and minimize bycatch by encouraging cooperation and innovation. This draft was informed by the many groups and individuals who provided feedback during the scoping period this past summer.

You are invited to join us for either of two informational webinars on March 1 and March 2. You will find the draft strategy and other helpful materials that explain more about NOAA Fisheries’ role in reducing bycatch on our website. 

The comment period is open through June 3. Please submit your comments via email to nmfs.bycatch@noaa.gov

We welcome your feedback and ideas for improving the policy. 

MASSACHUSETTS: New Bedford fish fraud case underscores need for greater NOAA monitoring

February 29, 2016 — BOSTON — Fraud charges against the owner of a prominent New Bedford fishing company highlight the need for greater enforcement of fishery regulations, according to an environmental group.

Carlos Rafael, owner of 40 fishing vessels in New Bedford and Gloucester as well as Carlos Seafood, was arrested on Friday on charges his organization lied about the species of fish landed, and he smuggled cash out of the country.

Among other allegations, federal authorities said Rafael told undercover agents he had assistance from a local law enforcement officer who helped him move cash through the airport to Portugal.

Accused of circumventing federal quotas by labeling dabs and other fish as haddock – where Rafael said he has a 15-million-pound quota – Rafael regularly shipped the mislabeled fish to a buyer in New York City, according to federal officials.

“Because it is nearly impossible to monitor what fishing vessels do out at sea, commercial fishing vessels are required to comply with various reporting requirement,” the 18-page affidavit by Internal Revenue Service Special Agent Ronald Mullett states.

Rafael told undercover agents posing as Russian mobsters interested in buying the business that co-defendant Debra Messier had “been in the life” with him for 30 years and everyone in the company “knows the scheme,” according to the complaint.

According to the affidavit in support of a criminal complaint Rafael was previously convicted of tax evasion in the 1980s, acquitted of price-fixing in 1994 and convicted of making false statements on fishing vessels’ landing slips in 2000. Messier is his bookkeeper and both live in Dartmouth, according to the U.S. Attorney’s Office. According to the Boston Globe, Rafael was held without bail pending a detention hearing on Wednesday and Messier was released from custody on $10,000 unsecured bond.

Read the full story at Taunton Daily Gazette

An Essential Part of the Magnuson-Stevens Act Reaches 20 Years

February 29, 20156 — The following was released by NOAA Fisheries:

As we celebrate 40 years of the Magnuson-Stevens Act, we reflect on how one revision to the Act has resulted in 20 years of protection for habitats that are vital to our nation’s fisheries. Join us this year in honoring the remarkable efforts and accomplishments through the Essential Fish Habitat (EFH) Program, which was mandated by Congress in 1996.

Healthy Fish Habitat is Truly Essential

Healthy habitat provides the foundation for productive fisheries and resilient coastal communities. Fish habitats provide homes to many of our important commercial and recreational species, and also protect our coastal communities by acting as buffers from storms and wave damage. These benefits are linked, because the areas where fish grow and thrive are often close to shore, where thousands of fishers work and millions of people live.

NOAA’s EFH mandate has charged us to seek out the best available science to understand how and why habitats are important to our species. To date, NOAA Fisheries and the regional fishery management councils have described habitats for more than 1,000 species.

Collaboration is Key

EFH has saved large amounts of both habitat and money. Together, NOAA Fisheries and the regional councils have succeeded in protecting more than 800 million acres of habitat. That’s the size of eight Californias! Plus, NOAA Fisheries has worked with state and federal agencies to improve the design, construction, and operation of hundreds of coastal and marine infrastructure projects. These collaborations have reduced habitat impacts and saved many millions of taxpayer dollars by inspiring greater attention to smart development that allows both ecosystems and economies to thrive.

Thankfully, a determined group of people made EFH a reality 20 years ago, and the future of sustainable fisheries will rely heavily on its continued success. In our reflections, we also have an opportunity to look forward, refine our approach, and make EFH even more effective. Today, we invite you to learn more and peruse stories of how EFH works—and works well.

Wildlife secrets revealed with advanced tracking devices

February 29, 2016 — BOISE, Idaho (AP) — Solar-powered trackers on wings have recorded California condors soaring to 15,000 feet, while locators attached to humpback whales have revealed 1,000-foot dives to underwater mountains. And GPS collars on Yellowstone grizzly bears are giving new insights into one of the most studied large carnivore populations in the world.

Technological advances in recent years have allowed what could be the most inquisitive Earth dweller of them all, humans, to invent ever more ingenious tracking devices to find out what their fellow inhabitants are up to.

“It’s a large field that’s developing very fast,” said Alex Zerbini, a research biologist with the National Oceanic and Atmospheric Administration‘s National Marine Mammal Laboratory in Seattle. “There are many types of tags being developed for many species of marine animals.”

Scientists say the trove of information thanks to ever smaller, tougher and more powerful tracking devices is leading to discoveries that could be used to make better wildlife and habitat management decisions.

The devices are also revealing the secret lives of hard-to-study animals.

For example, Zerbini said, scientists recently discovered humpback whales diving to underwater mountains on a regular basis, and also making the dives during migrations.

In Yellowstone National Park and the surrounding area, more sophisticated tracking devices on grizzly bears are providing information, notably on their ability to find food, that could be a factor in whether Endangered Species Act protections are lifted.

Read the full story from the Associated Press at San Francisco Chronicle

Slave Labor on the High Seas

February 20, 2016 — Shocking revelations about the international fishing industry’s reliance on slave labor have caused many people to question the origin of the shrimp or tuna they eat. The disclosures have also led the United States to take some important new steps to clamp down on the use of indentured workers and discourage other unlawful activities on the high seas.

President Obama is expected to sign legislation that effectively bans American imports of fish caught by forced labor in Southeast Asia. The bill, passed by Congress this month, would close a loophole in the Tariff Act of 1930 that prohibits imports made by convicts or forced labor but exempts such goods if American domestic production could not meet demand. Now that is expected to end. The president recently signed an agreement allowing officials to deny port services to foreign vessels suspected of illegal fishing.

In another useful move, the National Oceanic and Atmospheric Administration this month said it would improve how seafood is tracked from catch to market by imposing new reporting requirements on American importers, who purchase from overseas sources 90 percent of the seafood that humans and pets consume in the United States. These new requirements would affect 16 species, including cod, snapper and some tuna, and are intended to protect species that are overfished or at risk of being overfished by cracking down on illegally caught or mislabeled fish.

Read the full editorial at The New York Times

Warmer waters could change Cape Cod fisheries

February 15, 2016 — Hot water is fine for fish chowder and lobster bisque, but not so much for many fish in the sea.

The National Oceanic and Atmospheric Administration has unveiled a study of 82 species of fish, mollusks and crustaceans, ranking each on how they might fare under a regime of warming waters in the Northeast.

The authors, and there are quite a few, selected important commercial species, various forage fish of little economic import such as sand lances that are ecological heavyweights, and endangered species.

The amount of available data varies widely species by species, but the authors made their best assessments based on the estimated vulnerability of each animal to shifting climate. They weighed environmental factors that would be altered by climate change (water and air temperature, salinity, acidity, precipitation, the variance of those factors, sea level and ocean currents) vs. the species’ resilience (prey and habitat specificity, sensitivity to temperature, acidity, stock size, population growth rate, spawning cycle and mobility).

The ocean has been heating up, if not steadily.

“It depends on what period you’re looking over,” reflected lead author John Hare, director of NOAA’s Narragansett Laboratory. “I tend to look over a long period, since the 1880s, it’s up about two degrees Fahrenheit. We took all the information we know now and try to look forward to 2050.”

Read the full story at The Cape Codder

 

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