Saving Seafood

DON CUDDY: Late New Bedford scalloper never got justice he deserved

June 25, 2018 — It probably passed unnoticed by most people but an obituary for Larry Yacubian appeared in this newspaper on June 13. He died in Punta Gorda, Florida on May 18. But most fishermen still shake their heads when his name comes up. I don’t know if he died a bitter man. I hope not, although he had every reason to feel that way after the treatment meted out to him by federal law enforcement. Larry was a New Bedford scalloper and boat owner. In December 1998 his boat, the Independence, was boarded by the Coast Guard while fishing offshore and he was accused of fishing in a closed area. What followed can only be described, euphemistically, as a miscarriage of justice. The fines imposed on him by an administrative law judge working on behalf of NOAA were so excessive that he was forced to sell his boat, his permits and the Westport farm that had been in his wife’s family for 350 years — all of this to satisfy the greed of some ‘bad actors’ who considered themselves above the rule of law because they were carrying a badge. This particularly malicious prosecution ran Yacubian, a founder of the Fisheries Survival Fund, out of the fishing business and brought financial ruin on his family.

After a torturous legal process some justice was served when Yacubian was refunded $400,000 and received an apology in 2012 from NOAA administrator Jane Lubchenco and Commerce Secretary Gary Locke although that sum did not even cover his legal fees. But the details of this shakedown make exceptionally grisly reading. Yacubian’s case was just one of dozens, but by far the most egregious, uncovered by a special master appointed by the Department of Commerce to investigate excessive fines imposed on our commercial fishermen for relatively minor infractions. Thirteen of these originated from the Northeast Regional Office in Gloucester. Upholding justice was the proffered reason for assessing these fines but plain old money was the motivator. These huge fines went to swell the Asset Forfeiture Fund which allowed NOAA agents in the Office of Law Enforcement to purchase luxury vehicles and boats. It is all well-documented if anyone cares to look it up.

Read the full opinion piece at the New Bedford Standard-Times

Final Rule to Increase Spiny Lobster Catch Levels in Federal Waters and Prohibit Recreational Harvest in the South Atlantic Using Traps

June 25, 2018 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries announces a final rule for Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and the South Atlantic (Regulatory Amendment 4). Regulatory Amendment 4 increases the catch limit for spiny lobster based on updated landings information and revised scientific recommendations; and prohibits the use of traps for recreational harvest of spiny lobster in federal waters off North Carolina, South Carolina, and Georgia.

WHEN RULE WILL TAKE EFFECT:

Regulations will be effective at 12:01 a.m., local time, on July 23, 2018.

WHAT THIS MEANS:

The final rule increases the catch limit for spiny lobster from 7.3 million pounds to 9.6 million pounds. Currently, recreational harvest of spiny lobster using traps is prohibited in federal waters off Florida, but is allowed in federal waters off North Carolina, South Carolina, and Georgia. The final rule makes the prohibition consistent throughout the federal waters off all four states in the South Atlantic region.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 29044, published June 22, 2018

FREQUENTLY ASKED QUESTIONS (FAQs)

Why increase the catch limits for spiny lobster?

  • Current catch limits for spiny lobster are based on landings from fishing years 2000/2001 through 2009/2010. This time period included years where landings were historically low.
  • The Gulf of Mexico and South Atlantic Fishery Management Councils’ Scientific and Statistical Committees recommended specifying catch limits for spiny lobster using a longer time series of spiny lobster landings (fishing years 1991/1992 through 2015/2016).
  • The longer time period is better suited to capture the dynamics of the fishery that are influenced by factors beyond spiny lobster biology and harvest, such as environmental conditions.
  • The increase in catch limits is based on the best scientific information available.

Why prohibit recreational harvest of spiny lobster using traps in federal waters off North Carolina, South Carolina, and Georgia?

  • Use of traps to catch spiny lobster by recreational fishermen off Florida is prohibited.
  • The South Atlantic Fishery Management Council is concerned that recreational use of trap gear may become more popular and result in potential negative impacts on essential fish habitat and result in an increase in the use of vertical lines that may interact with protected species (entanglement issues).
  • Trap gear also has the potential to “ghost” fish (trap continues to fish after it is lost).
  • To date, the public has expressed little interest in using traps for the recreational harvest of spiny lobster off North Carolina, South Carolina, and Georgia. This may be due to a daily bag or possession limit for spiny lobster from federal waters other than Florida, of two per person for commercial and recreational fishing, year-round.
  • Because spiny lobsters are larger in size in federal waters off Georgia, South Carolina, and North Carolina than off Florida, current trap configuration may not be efficient in capturing spiny lobster. Recreational traps used off Georgia, South Carolina, and North Carolina may require larger entrances which could result in greater bycatch of fish, crabs, and other invertebrates.
  • The final rule will make the trap prohibition for recreational fishermen consistent throughout the federal waters off all four states in the South Atlantic region.
  • Consistent regulations regarding this prohibition will aid law enforcement and avoid confusion among the fishers.

Where can I find more information on Regulatory Amendment 4?

Contact NOAA Fisheries, Southeast Regional Office.

  • By Mail: Nikhil Mehta, NOAA Fisheries, Southeast Regional Office Sustainable Fisheries Division 263 13th Avenue South St. Petersburg, Florida 33701-5505
  • By FAX: (727) 824-5308
  • By Phone: (727) 824-5305

Regulatory Amendment 4 may be found online at the NOAA Fisheries Southeast Regional Office Web site at: http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/spiny_lobster/A4_lobster_acl/a4_lobster_acl_index.html

Additional information on management of spiny lobster in the South Atlantic may be found at: http://safmc.net/fishery-management-plans-amendments/spiny-lobster-2/

ASMFC 2018 Summer Meeting Preliminary Agenda and Public Comment Guidelines

June 25, 2018 — The following was released by the Atlantic States Marine Fisheries Commission:

Please find attached and below the preliminary agenda and public comment guidelines for the Atlantic States Marine Fisheries Commission’s 2018 Summer Meeting, August 7-9, in Arlington, VA. The agenda is also available at http://www.asmfc.org/home/2018-summer-meeting. Materials will be available on July 25, 2018 on the Commission website at http://www.asmfc.org/home/2018-summer-meeting.

A block of rooms is being held at The Westin Crystal City, 1800 S. Eads Street, Arlington, VA  22202. Meeting attendees can make reservations online via Star Group Website at  http://www.starwoodhotels.com/ or call The Westin Crystal City at 703.486.1111 and mention the Atlantic States Marine Fisheries Commission to obtain the group room rate of $175.00 plus tax single/dbl. Please be aware you must guarantee your room reservation with a major credit card or one night’s advance payment. Hotel reservations must be made by Monday, July 9, 2018.  Room availability will not be guaranteed beyond this date.  If you are being reimbursed by ASMFC for your travel, please make your reservation directly with the hotel as  reservations made through travel websites do not apply toward our minimum number of required reservations with the hotel. Please note, cancellations at The Westin must be made by 4:00 p.m. two days prior to arrival to avoid penalty and an early departure fee of $100 will apply when checking out prior to the confirmed date. If you have any problems at all regarding accommodations please contact Cindy at 703.842.0740 or at crobertson@asmfc.org.

Atlantic States Marine Fisheries Commission

Summer Meeting

August 7 – 9, 2018

The Westin Crystal City

Arlington, Virginia

Preliminary Agenda

The agenda is subject to change. Bulleted items represent the anticipated major issues to be discussed or acted upon at the meeting. The final agenda will include additional items and may revise the bulleted items provided below. The agenda reflects the current estimate of time required for scheduled Board meetings. The Commission may adjust this agenda in accordance with the actual duration of Board meetings. Interested parties should anticipate Boards starting earlier or later than indicated herein.

Tuesday, August 7

8:00 – 10:00 a.m.                      Executive Committee

(A portion of this meeting may be a closed session for Committee members and Commissioners only)

  • Consider Changes to the Appeals Process
  • Update on Right Whale Lawsuit
  • Update on Federal Appropriations
  • Discuss the Commission’s Role in Aquaculture Activities
  • Discuss Development and Use of Ecosystem Reports
  • Review White Paper on Future Scope of Recreational Data Collection Programs

10:15 a.m. – Noon                   Atlantic Herring Section

  • Review and Consider Approval of 2018 Benchmark Stock Assessment for Management Use
  • Discuss Recent New England Fishery Management Council (NEFMC) Action on 2018 Quotas
  • Reconsider ASMFC 2018 Sub-Annual Catch Limits
  • Provide Recommendation to NEFMC for 2019-2021 Fishery Specifications

Noon – 1:00 p.m.                     Lunch (On Your Own)

1:00 – 2:00 p.m.                        Atlantic Herring Section (continued)

2:15 – 3:15 p.m.                        NOAA Fisheries Presentation on Revised Recreational Catch Histories Resulting from Changes to the Marine Recreational Information Program Survey

3:30 – 5:00 p.m.                        Atlantic Menhaden Management Board

  • Consider Postponed Motion from May Board Meeting:

Move the Atlantic Menhaden Board recommend to the ISFMP Policy Board that the Commonwealth of Virginia be found out of compliance for not fully and effectively implementing and enforcing Amendment 3 to the Atlantic Menhaden Fishery Management Plan if the State does not implement the following measure from section 4.3.7 (Chesapeake Bay Reduction Fishery Cap) of Amendment 3: The annual total allowable harvest from the Chesapeake Bay by the reduction fishery is limited to no more than 51,000 mt.
Motion by Mr. Batsavage; second by Mr. Estes.

  • Elect Vice-Chair 

Wednesday, August 8

8:00 – 10:30 a.m.                      American Eel Management Board

  • Consider Addendum V for Final Approval
  • Review Maine Aquaculture Proposal

10:45 a.m. – 12:15 p.m.          Atlantic Sturgeon Management Board

  • NOAA Fisheries Update on 5-year Status Review of the Endangered Species Act Listing and Recovery Plan
  • Review Technical Committee Report Regarding Highest Priority Data Sources for Stock Assessment
  • Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports

12:15 – 1:00 p.m.                      Lunch (Provided for Commissioners, Proxies and Board Members)

1:00 – 2:15 p.m.                        Coastal Sharks Management Board

  • Review of Draft Addendum V for Adjusting Coastal Shark Regulations Annually
  • Update on NOAA Fisheries Highly Migratory Species Draft Amendment 11
  • Discuss Best Practices for Safe Handling and Release of Coastal Sharks from Shore Sites

2:30 – 4:30 p.m.                        Summer Flounder, Scup, and Black Sea Bass Management Board

  • Working Group Progress Report on Strategic Plan for Black Sea Bass Management
  • Discuss Options for 2019 Black Sea Bass and Summer Flounder Recreational Management
  • Consider Approval of 2017 Fishery Management Plan Reviews and State Compliance Reports for Summer Flounder, Scup, and Black Sea Bass

4:45 – 5:30 p.m.                        Atlantic Striped Bass Management Board

  • Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports
  • Update on the Benchmark Stock Assessment Progress
  • Elect Vice-Chair

Thursday, August 9

8:00 – 10:30 a.m.                      Interstate Fisheries Management Program Policy Board

  • Executive Committee Update
  • Review Annual Performance of the Stocks
  • Update on Risk and Uncertainty Policy
  • Discuss the Commission’s Role in Aquaculture Activities
  • Update on the Northeast Area Monitoring and Assessment Program
  • Update on the Atlantic Coastal Fish Habitat Partnership
  • Review Progress on Horseshoe Crab and Shad Benchmark Stock Assessments
  • Review Noncompliance Findings, If Necessary

10:30 – 11:00 a.m.                    Business Session

  • Review Noncompliance Findings, If Necessary

11:15 a.m. – 1:45 p.m.            South Atlantic State/Federal Fisheries Management Board

                                                        (Lunch will be provided at an appropriate break time during this meeting)

  • Review Progress on 2018 Traffic Light Analyses for Atlantic Croaker and Spot
  • Consider Postponed Motion to Initiate an Addendum to the Spot and Atlantic Croaker Fishery Management Plans that Incorporate the New Traffic Light Analyses and Management Responses to Those Analyses
  • Consider Approval of Public Information Document for Amendment 1 to the Cobia Fishery Management Plan for Public Comment
  • Consider Approval of 2018 Fishery Management Plan Review and State Compliance Reports for Atlantic Croaker and Red Drum
  • Elect Vice-Chair

Public Comment Guidelines

With the intent of developing policies in the Commission’s procedures for public participation that result in a fair opportunity for public input, the ISFMP Policy Board has approved the following guidelines for use at management board meetings:

For issues that are not on the agenda, management boards will continue to provide opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will use a speaker sign-up list in deciding how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.

For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board.

For agenda action items that have already gone out for public comment, it is the Policy Board’s intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances.

In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOTestablished a specific public comment period (i.e., in response to proposed management action).

  1. Comments received 3 weeks prior to the start of a meeting week will be included in the briefing materials.
  2. Comments received by 5:00 PM on the Tuesday immediately preceding the scheduled ASMFC Meeting (in this case, the Tuesday deadline will be July 31, 2018) will be distributed electronically to Commissioners/Board members prior to the meeting and a limited number of copies will be provided at the meeting.
  3. Following the Tuesday, July 31, 2018 5:00 PM deadline, the commenter will be responsible for distributing the information to the management board prior to the board meeting or providing enough copies for the management board consideration at the meeting (a minimum of 50 copies).

The submitted comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution.  As with other public comment, it will be accepted via mail, fax, and email.

IUU vessel tracker calls on more countries to share Indonesia’s lead, share data

June 22, 2018 — Indonesia is a model that other countries should follow, according to a leading campaigner advocating for the sharing of fishing data to reduce illegal, unreported and unregulated (IUU) fishing.

By making its vessel monitoring system (VMS) data publicly available, the country has increased transparency, said Tony Long, CEO of Global Fishing Watch, who was speaking at the 2018 SeaWeb Seafood Summit. The Indonesian fisheries ministry, which has been battling illegal fishing in its waters, moved to share its VMS data in 2017.

Not enough countries exchange data, said Long, who wants countries to “bring data out into the open” so that vessels’ movements can be tracked and illegal fishing operators exposed. “Global Fishing Watch will take and share any tracking system,” he said.

More transparency is key to forcing vessel operators into more responsible behavior, argued Long.

“Why not reward the compliant operators when you can track them?” he said. “The worst actors will stand out by their lack of information and therefore appropriate punishments can be put in place.”

Global Fishing Watch leverages tracking systems like Oceana, Skytruth and Google as well as national systems to map global movement of vessels.

Long’s organization has also recently partnered with the US National Oceanic & Atmospheric Administration (NOAA) to track vessels using satellites the monitor lights at night. A screen grab from one such monitoring off the coast of Oman showed that AIS data is underreporting the number of vessels in the waters: The data based on the number of lights in the night sky suggested a far larger fleet at work.

Read the full story at Seafood Source

US senator calls for investigation in wake of AP report on Sea To Table

June 22, 2018 — A U.S. senator is calling for an investigation into Sea To Table in the wake of a lengthy report by the Associated Press that claimed the company lied about the origins of the seafood it was selling to customers.

Senator Edward J. Markey (D-Mass.) sent a letter to both NOAA and the FTC calling for a full investigation into Sea To Table in the wake of the report. The AP’s extensive report included sting operations that captured Sea To Table claiming origins for seafood that couldn’t physically be true, including claims that tuna was sourced from boats that hadn’t left harbor or that species were available fresh despite being out-of-season.

“Sea To Table has violated the public’s trust in seafood by lying about the nature of its product as reliable and sustainable, and by profiting off of threatened fish stocks and enabling human rights violations,” Markey wrote in his letter to NOAA. “These alarming actions, which undermine the commitment to sustainable seafood harvested by fishermen in Massachusetts and around the country, cannot be tolerated.”

Markey also asked NOAA how its Office of Law Enforcement functions, how it monitors Sea to Table and other seafood distributors, and what steps it is going to take in the future to try and prevent other similar instances of mislabeling.

He also called on the FTC to look into whether marketing seafood as local, when it wasn’t, is in violation of FTC regulations.

“Sea To Table’s egregious misconduct not only harms consumer confidence in seafood, it likely violates the Federal Trade Commission Act, necessitating an investigation and potential formal action by the FTC,” Markey wrote.

Read the full story at National Fisherman

Feds allocate $200M in disaster relief funds for Gulf, Alaska and West Coast fisheries

June 22, 2018 — Secretary of Commerce Wilbur Ross announced the allocation of $200 million in fishery disaster relief funds appropriated by Congress on Wednesday to assist fishermen affected by hurricanes Harvey, Irma, and Maria in 2017 and disasters that devastated the West Coast and Alaska fishermen from 2014 to 2017.

“Last year, American fishing communities across the Gulf and Caribbean were devastated by some of the most destructive hurricanes in recent memory, while Pacific fisheries have suffered from years of hardship,” said Ross, according to a NOAA press release. “This Administration stands shoulder to shoulder with these communities as they prove their strength and resilience in the face of adversity.”

The government has allocated $25.8 million in disaster assistance to those affected by the 2015-2016 closure of California’s commercial Dungeness and rock crab fisheries and another $3.9 million to the Yurok Tribe stemming from the collapse of the fall Chinook fishery in 2016.

Read the full story at National Fisherman

Trump rescinds Obama-era ocean policy

June 22, 2018 — In another strike at his predecessor’s legacy, and one that could have long-term consequences for New England, President Trump this week rescinded an executive order by President Obama that established the first national ocean policy, which made protecting coastal waters and the Great Lakes a priority.

Trump said his executive order would cut bureaucracy and benefit business, while environmental advocates denounced his decision, saying it strongly favors commercial interests over conservation.

Trump’s order could alter New England’s plans to protect the Gulf of Maine and other waters in the region. It replaces the National Ocean Council, which brought together a host of federal departments and committees that work on ocean issues, with a new “streamlined” committee that will focus on science and technology and resource management.

It will also eliminate nine regional planning bodies around the country, which the White House called “unnecessary.”

“Claims that the ocean is being abandoned are not supported by the facts,” said Drew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C., which represents the scallops industry.

He supported the elimination of the regional planning bodies, which he argued had failed in its mission to bring together competing interests, such as offshore wind-farm developers and fishermen, who have been at odds over plans to build turbines off Martha’s Vineyard.

Eliminating the groups “will not lead to less coordination amongst the federal government because they were not doing their stated job,” he said.

Officials at the National Ocean Industries Association, which represents offshore drilling and wind companies, praised Trump’s order, saying Obama’s policies were “uber-bureaucratic” and “caused consternation, uncertainty, and concern for the offshore energy industry.”

Read the full story at the Boston Globe

MASSACHUSETTS: GOP Senate candidate Geoff Diehl outlines plan to help fishermen

June 22, 2018 — Geoff Diehl made his second visit to New Bedford this week to speak with fishermen.

The state representative and candidate running for U.S. Senate against Elizabeth Warren spoke to about five people within the fishing industry at Pier 3 on Thursday. It came just days after he attended a fishing roundtable discussion at the Whaling Museum, which discussed the groundfishing ban affecting the industry.

This second trip of the week was to unveil a set of guidelines he plans to follow to help fishermen if elected.

They involved repealing the Northeast Canyons and Seamounts Marine National Monument Status, keeping Carlos Rafael’s fishing licenses in New Bedford and reducing the regulatory burden.

Diehl suggested establishing a NOAA headquarters in New Bedford to better facilitate discussions between the agency and fishermen in the nation’s most valuable seaport.

“They should at least have a satellite if not maybe move their main offices here,” Diehl said. “I think that would make a lot of sense to have them interact with the actual fishermen.”

Read the full story at the New Bedford Standard-Times

New Bedford Standard-Times: Time for NOAA to let Sector IX fish again

June 21, 2018 — Seventy-two thousand pounds of grey sole.

That’s the amount of fish that NOAA calculates Carlos Rafael misreported in his illegal groundfish scheme.

Multiple people at a Monday meeting of the New Bedford fishing community cited the number. So after months of NOAA saying it could not let Sector IX fishermen back on the water because it didn’t know how much overfishing took place in the sector dominated by Rafael, now the federal agency knows.

We don’t officially know it from NOAA, however, because the oversight group remains silent, even as the ban on the groundfish sector drags on into its eighth month. We know it because the members of the New Bedford fishing community — the fishermen, the fuel depot owners, the gear suppliers, the settlement houses — are all struggling because of the lost fishing. And they cited the number publicly Monday, based on information from NOAA itself.

“Everyone knows (the money in) the account is overdrawn. How do we get the money back in the bank,” asked Sector 9 attorney Andrew Saunders.

That’s the conundrum. The sector is ready to deduct the 72,000 pounds of grey sole from its fishing effort. But it needs NOAA to tell them to go ahead, and the agency remains silent. As it has for months.

The inaction has caused an estimated 240 jobs lost across the Northeast, estimated SMAST professor Dan Georgianna.

Richard Canastra, the co-owner of the New Bedford Seafood Display Auction, estimated it will take a long time to bring the groundfish industry back in New Bedford after so many months without fishing. It was not a very profitable industry to begin with, but it played a key role in keeping many of the New Bedford waterfront support industries active.

Read the full opinion piece at the New Bedford Standard-Times

Extension of an Interim Rule to Reduce Golden Tilefish Catch Limits in Federal Waters of the South Atlantic Region

June 21, 2018 — The following was released by NOAA:

KEY MESSAGE:

  • In response to a request from the South Atlantic Fishery Management Council, NOAA Fisheries published a final interim rule on January 2, 2018, which temporarily reduces golden tilefish catch limits through July 1, 2018. The purpose of the action is to reduce overfishing (rate of removal is too high) of golden tilefish, based on the most recent population assessment, while management measures are being developed to end overfishing. NOAA Fisheries is extending the interim measures for an additional 186 days beginning July 2, 2018. The interim measures will remain in effect through January 3, 2019.
  • The commercial longline component for golden tilefish in federal waters of the South Atlantic closed on March 25, 2018, as landings reached the temporary 2018 commercial catch limit for the longline component. As a reminder, the commercial longline component will open on January 1, 2019
SUMMARY OF CHANGES:
  • The final interim rule temporarily reduced the total catch limit for golden tilefish from 558,036 to 323,000 pounds gutted weight. Using the existing allocations, the temporary catch limits are 313,310 pounds gutted weight for the commercial sector and 2,187 fish for the recreational sector. For commercial fishermen, the hook-and-line catch limit is 78,328 pounds gutted weight and the longline catch limit is 234,982 pounds gutted weight.
  • The interim measures are being extended for an additional 186 days while the South Atlantic Fishery Management Council develops Regulatory Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery in the South Atlantic Region (Regulatory Amendment 28).
This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
See the complete Fishery Bulletin for additional information, including a list of Frequently Asked Questions (FAQ).