Saving Seafood

Massachusetts: A shell game in New Bedford? 55 boats scramble out of Sector IX, catching NOAA by surprise

March 30, 2018 — SEAFOOD NEWS — Something fishy is going on in New Bedford (excuse the terrible pun).

On March 26, the final day for sectors to confirm their rosters and membership for the 2018 fishing season, NOAA got letters from sector VII saying that no vessels will remain in Sector VII who were there last year, and that 16 of these vessels are joining sector VIII.

Then they were told that 55 vessels from sector IX are joining sector VII, including the 4 vessels owned by Carlos Rafael that have been judged subject to forfeiture.

Meanwhile, a separate letter from sector IX said that only three vessels would remain in that sector, that it would operate solely as a lease sector and those vessels would not fish.

What is going on here?

First, all three sectors VII,VIII, and IX are New Bedford groundfish sectors approved under the Northeast Groundfish management plan.

Each year, these sectors have to submit operation plans to NOAA, including the roster of vessels and the rules under which the vessels in the sector will fish.

After the guilty plea by Carlos Rafael, and the admission last fall by sector IX that its vessels, primarily associated with Rafael, had engaged in overfishing, NOAA suspended the operating permit for that sector.  That meant no vessels in that sector could continue to fish.

Since the fall negotiations have been going on between NOAA and Sector IX over how Sector IX might return to operations.  The primary obstacle is that NOAA has required the Sector to account for its overfishing, and to calculate how much fish must be deducted from its current allotments in order to pay back fish illegally harvested.

Secondly, NOAA has insisted on Sector IX developing a monitoring and catch reporting plan that would prevent illegal fishing.

By March, neither side had reached an agreement, and the issue of Sector IX was going to be a prominent part of the New England Fishery Management Council Meeting next week.

NOAA was blindsided by the switcheroo.

Much of what is going on in New Bedford is with the same actors.  Three Board Members from Sector IX would join the Board of Sector VII.  Meanwhile, the manager of Sector IX, Stephanie Rafael-DeMello, has said she would be moving to fleet operations management for Rafael’s vessels, instead of continuing full time as the manager of Sector IX.

One interpretation of this switch is that Sector IX is being effectively disbanded.

However, not all the promises made by Sector IX to NOAA are being carried over as the vessels move to sector VII.

One point mentioned in NOAA’s letter to the council is that Sector VII has requested that vessels owned by Carlos Rafael remain inactive in the fishery, although with rights to lease their quotas to other sectors or intra-sector, unless they are sold to another party.

But the 55 vessels transferring to Sector VII, including all those currently listed as inactive, could become operational within Sector VII with no changes to existing ownership.

Under NOAA rules, if a sector disbands after having overfished, the overfishing penalty is allocated among the vessels that had previously been in the sector, and deducted from their new sector allocation.

As Sector IX was unable to provide information about the overages of specific vessels, the time and cost of allocating the overages to the remaining vessels transferring out of the sector may be substantial.

The three inactive vessels remaining in Sector IX appear to be willing to shoulder the penalty, once it is agreed upon, and to pay it by having the overages deducted from the amount of their quotas that are leased. The move appears to be an attempt to get the other Sector IX vessels out from under the obligation to payback the sector overages.

All of this will be discussed at the council meeting, which promises to be interesting.

The driving factor here is that the New Bedford Auction, owned by the Canastra Brothers, needs to get some volume of groundfish back.  This has been greatly reduced by the suspension of sector IX.  Rafael vessels represented the largest source of groundfish for the private New Bedford auction.

The Canastras first tried to buy Rafael’s boats.  This did not go anywhere, as NOAA needs to give its approval.  Then they tried to set up a way to satisfy NOAA on Sector IX overages without providing a detailed accounting.  This was not accepted either.

Now they have participated in a wholesale abandonment of Sector IX and moved vessels to Sector VII, with the aim of first, hoping the vessels will be allowed to fish, or that in this situation inactive vessels can become active though still owned by their original Rafael connected owners.

Secondly, they may be hoping to clear the way for a sale of these vessels who are now potentially operating in a less tainted sector.

There has been a continuing political effort in New Bedford to try and keep the groundfish volumes that had been part of Rafael’s fishing operations within the port.

All of this maneuvering avoids the basic question before NOAA and the Council, which is whether the permits for the vessels that are now suspended will simply be allocated to New Bedford, or will they be subject to distribution to the rest of the New England groundfish fishery that was harmed by the rampant overfishing taking place in New Bedford.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

NOAA: Georges Bank Ecosystem Strategy Peer Review

March 29, 2018 — WOODS HOLE, Mass. — The following was released by NOAA Fisheries:

The New England Fishery Management Council is exploring options for ecosystem-based fishery management. An ecosystem-based approach to management would allow a variety of factors — from fishery stock status to ecosystem conditions to human dimensions — to be considered in developing fishery management decisions.

The council requested peer review of a proposed ecosystem management procedure and the models used to test that procedure. The federal government furlough earlier this year forced a delay of this review, now rescheduled for April 30-May 4 at the NEFSC Woods Hole Laboratory.

More details on the meeting logistics and the peer reviewers are now posted.

Learn more about NOAA Fisheries’ Northeast Science Center by visiting their site here.

 

Alaska: Halibut faces headwinds as catches drop 10%

March 29, 2018 — Pacific halibut catches for 2018 won’t decline as severely as initially feared, but the fishery faces headwinds from several directions.

Federal fishery managers announced just a few days before the March 24 start of the halibut opener that commercial catches for Alaska will be down 10 percent for a total of 17.5 million pounds.

The industry was on tenterhooks awaiting the catch information, which typically is announced by the International Pacific Halibut Commission in late January. However, representatives from the U.S. and Canada could not agree on how to apportion the halibut catches in fishing regions that stretch from the west coast and British Columbia to the Bering Sea.

“The Canadians felt there was justification in the survey and commercial fishery data that, in concert with a long-held position that the IPHC’s apportionment scheme was not accurate, supported a higher catch limit. They were also opposed to the slow pace the U.S. has taken in reducing its bycatch of halibut in the Bering Sea,” said Peggy Parker of Seafoodnews.com.

The impasse put the decision in the laps of federal managers at NOAA Fisheries in Washington, D.C., who were pushed to the wire to get the halibut catch limits and regulations on the rule books in time for the fishery start.

Read the full story at the Alaska Journal of Commerce

 

NOAA to foot monitoring costs

March 29, 2018 — Timing may not be everything, but it sure counts for a lot. Just ask New Hampshire groundfisherman David Goethel.

Goethel, who had persevered through cascading years of escalating regulation, slashed fishing quotas, a failed lawsuit and, more recently, the prospect of paying the full cost of at-sea monitoring, was ready to get out of commercial groundfishing.

“I had planned to sell my boat this summer,” Goethel said Wednesday, referring to his 44-foot, Hampton, New Hampshire-ported Ellen Diane. “I was done.”

But not now.

Last week, following a full year of working behind the scenes with U.S. Sen. Jeanne Shaheen of New Hampshire, Goethel got the news he and other groundfishermen wanted to hear:

Shaheen, the lead Democrat on a pivotal Senate appropriation subcommittee, was able to insert language and secure $10.3 million in additional funding that directs — some fishing stakeholders would say forces — NOAA Fisheries to fully fund at-sea monitoring in 2018 for the first time in three years.

“All of the credit should go to Sen. Shaheen,” Goethel said. “She just wouldn’t give up on this. She personally took it and guided it through the byzantine and frustrating budget process.”

Jackie Odell, executive director of the Northeast Seafood Coalition, echoed Goethel’s comments about Shaheen’s leadership and also said the full funding comes at a critical time for the Northeast groundfish fleet.

“Sen. Shaheen and her office are really the ones who spearheaded this,” Odell said. “She really knows how important this is for fishermen. Viability continues to be a concern for many fishing interests and at-sea monitoring is a huge burden on the fishery.”

In January, NOAA Fisheries said it would mandate at-sea monitoring coverage on 15 percent of the Northeast multispecies groundfish trips in 2018 — down from 16 percent in 2017. The agency, however, did not say whether it would reimburse monitoring costs or leave them entirely to fishermen.

NOAA Fisheries reimbursed groundfishermen for 60 percent of their montitoring costs in 2017, down from 80 percent in 2016. Prior to 2016, NOAA Fisheries assumed all at-sea monitoring costs.

But the writing seemed to be on the wall.

Odell said NOAA Fisheries told industry stakeholders a couple months ago the agency did not envision reimbursing any of the monitoring costs in 2018, increasing the likelihood that more groundfish dayboats would be forced out of active fishing.

Longtime Gloucester fisherman Al Cottone, who also serves as executive director of the city’s Fisheries Commission, said the new at-sea monitoring funding could help convince some fishermen to return to more active fishing or allow others to continue apace without having to foot the bill.

Read the full story at the Gloucester Times

 

NEFMC: SSC Listening Session Wednesday, April 4

March 29, 2018 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council’s Scientific and Statistical Committee (SSC) will meet via webinar on Wednesday, April 4, 2018 to discuss a draft document regarding “best scientific information available.” The public is invited to listen via webinar or telephone. Here are the details.

START TIME:  1:00 p.m.

WEBINAR REGISTRATION:  Online access to the meeting will be available at Listen Live. There is no charge to access the meeting through this webinar.

CALL-IN OPTION:  To listen by telephone, dial +1 (951) 384-3421. The access code is 657-881-243. Please be aware that if you dial in, your regular phone charges will apply.

AGENDA:  The SSC will review a draft document, which was distributed by NOAA Fisheries, titled “Framework for Determining that Stock Status Determinations and Harvest Specifications are Based on the Best Scientific Information Available.” The SSC will discuss the draft and develop comments for consideration by the New England Fishery Management Council.

MATERIALS:  Meeting materials are available on the Council’s website at SSC April 4, 2018 documents.

 

As the sardine population keeps dropping, the feds come under scrutiny

March 29, 2018 — On April 8, the Pacific Fishery Management Council – a body of appointed officials that regulates fisheries off the West Coast – will be presented with the draft assessment of the sardine population from roughly southern California to Canada. The news it brings is neither good for fishermen nor the local marine ecosystem: The estimated number of sardines in July 2018 – which dictates policy for the 2018-19 fishing year – is 52,065 metric tons, an approximately 97-percent drop from 2006, the most recent peak.

The cutoff for when sardine fishing can occur is when the estimated population is at least 150,000 metric tons, which means the fishery will be closed for the fourth consecutive year.

What is in dispute: the accuracy of the population assessment, and how we got here. On one side, conservation nonprofit Oceana believes the assessment could be too high, and that sardines were pushed to this point due to overfishing when the numbers were low.

On the other side, advocates for fishermen believe there are far more sardines in the water than estimated, and that the estimates are not using the best available methods to make projections.

Currently, the method employed by scientists from the National Oceanic and Atmospheric Administration is to do months-long acoustic surveys off the coastline to measure sardine biomass.

Diane Pleschner-Steele, executive director of the California Wetfish Producers Association, believes that method is flawed and doesn’t accurately capture the sardines close to the shore – NOAA uses large boats that can’t come in too close.

Read the full story at the Monterey County Weekly

 

MAFMC: NOAA Fisheries Seeks Comments on Modified Scope of Summer Flounder Amendment

March 29, 2018 — The following was released by the Mid-Atlantic Fishery Management Council:

NOAA Fisheries has released a supplemental notice of intent (NOI) seeking public comments on the Mid-Atlantic Fishery Management Council’s proposal to modify the scope of issues addressed in the amendment formerly referred to as the “Comprehensive Summer Amendment.”

The Council and the Atlantic States Marine Fisheries Commission (Commission) originally initiated the amendment with the objective of performing a comprehensive review of all aspects of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) related to summer flounder, including commercial and recreational management strategies. To avoid delaying the amendment while waiting for updated recreational information, the Council and Commission are now proposing to limit the scope of this action to focus on FMP goals and objectives and commercial management issues. This action will now be referred to as the “Summer Flounder Commercial Issues Amendment.” Following completion of this amendment, the Council and Commission may then develop at least one future action relating to recreational fishery issues and commercial/recreational allocation to incorporate updated recreational fishery data when it becomes available later this year.

The purpose of this comment opportunity is to allow the public to comment on the Council and Commission’s decision to modify the scope of the amendment. The Council and Commission are continuing to analyze a previously approved range of alternatives and developing a draft amendment document for public review. The public will have future opportunities to comment on the amendment during a formal public hearing process.

Additional details and instructions for submitting comments are available in the notice published in the Federal Register.

To stay informed about this issue, sign up for our email list at http://www.mafmc.org/email-list and select “General Council News” or “Summer Flounder, Scup, and Black Sea Bass News.”

For additional information about the Summer Flounder Commercial Issues Amendment, go to http://www.mafmc.org/actions/summer-flounder-amendment.

 

 

NY threatens suit over federal limits on black sea bass

March  28, 2018 — New York State will file suit against the federal government if it loses an appeal in opposition to current restrictions on the recreational black sea bass fishery, which for 2018 mandates a 12 percent reduction in fishing, a top state commissioner said Tuesday night.

The state Department of Environmental Conservation is holding a meeting Tuesday night to discuss options for the black sea bass season for 2018, and by all indications it will be contentious. Fishing boat captains on Facebook have urged anglers to attend the meeting to protest the 12 percent reduction, which would drastically shorten the season and the number of fish anglers can take. The DEC moved the location to a larger venue to accommodate more people.

“Please get on top of this situation and get the people of New York on equal footing with the rest of the boats and businesses on the East Coast,” Huntington fishing boat captain James Schneider said, noting charter and partyboats face a 30 percent reduction in their business. “Our people should not be punished.”

In an interview Tuesday night in advance of the meeting, Basil Seggos, DEC commissioner, said he’s been directed by Gov. Andrew M. Cuomo to make sure state fishermen don’t suffer as a result of federal regulations that seek to limit a fishery that’s considered healthy.

“Black sea bass populations have increased substantially,” he said. “Nonetheless, we’re stuck with the prospect of cuts, which never made sense to me, never made sense to the governor, or to our fisheries managers.”

New York joined with Massachusetts, Rhode Island and Connecticut in filing an appeal on March 16 of the 12 percent quota reduction for black sea bass this year. If the appeal with the Atlantic States Marine Fisheries Commission is not successful, he said, the state will file an appeal with the National Oceanic and Atmospheric Administration’s fisheries division. “If they are not prepared to rule favorably, then we’d pursue the litigation route,” said Seggos. “We think the science is with us” showing an abundance of black sea bass in the region.

Read the full story at Newsday

 

Texas fisheries get disaster area declaration in wake of Hurricane Harvey

March 28, 2018 — Seven months after Hurricane Harvey devastated Texas, United States Secretary of Commerce Wilbur Ross has issued a national disaster declaration for the state’s commercial fishery.

The “commercial fishery disaster” designation will allow commercial fishermen in the state to receive federal funds and other assistance. The Bipartisan Budget Act of 2018 included USD 200 million (EUR 161 million) for fishery disasters declared by the U.S. Department of Commerce in calendar year 2017, and for fishery disasters resulting from Hurricanes Maria, Irma, and Harvey.

“The 2017 hurricane season was catastrophic for communities in Texas and for states along the Gulf of Mexico,” Ross said in a NOAA press release. “The Department of Commerce and the [p]resident are committed to working closely with Congress and the [s]tate of Texas to continue supporting recovery efforts for fishermen and local fishing businesses affected by the devastation wrought by Hurricane Harvey.”

Read the full story at Seafood Source

 

Endangered status of Atlantic sturgeon up for review

March 27, 2018 — Federal fishing regulators say they are conducting a five-year review of threatened and endangered populations of Atlantic sturgeon.

Populations of sturgeon are listed as threatened in the Gulf of Maine and endangered in New York Bight, the Chesapeake Bay and off the Carolinas and South Atlantic.

The National Oceanic and Atmospheric Administration says the Endangered Species Act requires the agency to conduct the review to ensure the listings are still accurate. The listings are intended to be based on the best available scientific data.

The Atlantic States Marine Fisheries Commission said last year that a sturgeon stock assessment indicated the population is still very low compared to its historical abundance. They face threats such as climate change, ship strikes and fishing.

Sturgeon suffered overfishing in the 20th century when it was harvested for eggs for caviar.

Shortnose sturgeon are listed under the Endangered Species Act (ESA) as an endangered species throughout their range. Atlantic sturgeon are listed as five distinct population segments with those that hatch out in Gulf of Maine rivers listed as threatened, and those that hatch out in other U.S. rivers listedas endangered.

Once thought to number less than 100 in the Merrimack, the river’s shortnose sturgeon population has been on the rebound, researchers have said. Atlantic sturgeon are also found in the Merrimack, up to the Essex Dam in Lawrence.

Two distinct groups of adults, numbering more than 2,000, inhabit the river. One group includes fish born in Haverhill’s spawning grounds, while the other consists of fish born in Maine rivers such as the Kennebec and Androscoggin, which migrate to the Merrimack.

Researchers say that for much of the year, sturgeon are looking for food in the lower part of the Merrimack — from Amesbury to the Joppa Flats in Newburyport — and live there from November to March.

Haverhill is the only place in the river where sturgeon lay their eggs, and that happens in the spring.

Read the full story at the Gloucester Times