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Court approves threatened-species status for ringed seals in Alaska

February 13, 2018 — In a decision based on long-term climate projections, the 9^th U.S. Circuit Court of Appeals on Monday affirmed ringed seals in Alaska as threatened under the Endangered Species Act.

The ruling could result in limits on oil and gas projects and other activity in the Arctic. It reverses a 2016 decision by U.S. District Court Anchorage Judge Ralph Beistline.

The National Marine Fisheries Service in 2012 listed the Arctic ringed seal as threatened, based on long-term climate-model projections showing its sea-ice habitat shrinking.

The agency’s finding that the seal “was likely to become endangered within the foreseeable future – was reasonable and supported by the record,” the appeal court’s decision says.

The state of Alaska, the Alaska Oil and Gas Association, and other groups had challenged the listing.

In a related case, the U.S. Supreme Court in January decided not to review the appeals court’s conclusion upholding the threatened listing of Alaska’s bearded seal.

The bearded and ringed seals are “closely related,” the appeals court said Monday. The bearded-seal case adjudicated the same issues, and the court is bound by that precedent, the appeals court said.

The Alaska Oil and Gas Association, the state of Alaska and other plaintiffs had challenged that listing as well.

Kara Moriarty, president of AOGA, called the decisions disappointing. She said there are millions of bearded and ringed seals worldwide.

“The ESA listing was made despite a lack of sufficient scientific evidence to suggest that the species would be threatened any time in the near future,” Moriarty said. “Under such a standard, virtually any and all species could be listed as threatened or endangered under the ESA. All this will do is add additional cost and burden to our industry for seals with extremely healthy populations.”

Kristen Monsell, senior attorney for Center for Biological Diversity, a defendant in the case along with the federal government, said NMFS will implement a recovery plan for the ringed seal and designate critical habitat. The agency in 2014 proposed critical habitat for the seal off Alaska’s northern and western coasts.

To protect the threatened seals, the federal government could set limits affecting industrial activity, Monsell said. Agencies may require, say a re-route of pipeline construction plans, or stopping noisy work during birthing seasons.

Read the full story at the Anchorage Daily News

Maine: Benchmark study of lobsters begins

February 13, 2018 — In 2015, data collected in a benchmark assessment of New England lobster stocks showed record-high abundance for the combined stocks of the Gulf of Maine and Georges Bank and record lows for the lobster stock of southern New England.

Now, about three years later, the Atlantic States Marine Fisheries Commission is beginning preparations for the next American lobster benchmark assessment that is expected to be completed around March 2020.

“We’re in the very early stages right now,” said Jeff Kipp, senior stock assessment scientist at the Arlington, Virginia-based ASMFC that regulates the Northeast lobster fishery. “The process will be mostly data-driven.”

Nothing is certain in the periodic assessments of various seafood species. But if some recent projections hold, the 2020 assessment could sketch a different picture from the 2015 assessment, possibly reflecting the declining abundance predicted by a recent Gulf of Maine Research Institute study.

The study, compiled with the University of Maine and NOAA Fisheries, forecast a 30-year decline in the Gulf of Maine lobster boom that began around 2010. The culprit? Increasingly warmer temperatures in the Gulf of Maine, which scientists have said is warming faster than 99.9 percent of the rest of the world’s ocean waters.

“In the Gulf of Maine, the lobster fishery is vulnerable to future temperature increases,” the authors of the study wrote. “The researchers’ population projections suggest that lobster productivity will decrease as temperatures continue to warm, but continued conservation efforts can mitigate the impacts of future warming.”

The findings of the GMRI study were strongly disputed by some Maine lobster dealers and the state’s Department of Marine Resources. The Maine DMR criticized the GMRI computer model used to arrive at the study’s conclusions, calling it “an unreliable tool on which to base management decisions.”

The benchmark assessment of the region’s lobster populations — which will include data on lobster landings, lobster growth and prevalent diseases among the population — could go a long way toward determining exactly what is happening to the region’s American lobster stocks.

Read the full story at the Gloucester Times

Massachusetts: Rep. Keating Looking to ‘Speed Up’ Ending of NOAA Fishing Ban

February 12, 2018 — U.S. Representative William Keating recently met with new NOAA Regional Administrator Michael Pentony, and the congressman said he’s optimistic that the Sector IX groundfishing ban could soon come to an end.

“It was a great meeting,” Keating said. “There’s no learning curve with him in terms of what the issues are, and that’s an important thing.”

Keating met with Pentony on Tuesday night, just a few weeks after he was appointed the new regional administrator following the retirement of John Bullard.

“I requested, as soon as he was appointed, the opportunity to sit down with him,” Keating said. “He was great. He came to (Washington) D.C., sat down, and we talked for over an hour. We talked about general issues, but I also wanted to focus on what was going on in New Bedford in particular.”

The biggest issue, of course, is the groundfishing ban NOAA placed on Sector IX back in November. The ban is directly related to convicted “Codfather” Carlos Rafael, who owns 22 of the boats in Sector IX and whose illegal overfishing scheme has kept the sector from putting forth an operations plan acceptable to NOAA. Bullard said before his retirement that the ban cannot be lifted until the sector can accurately determine how much and what stocks Rafael overfished, and how the sector plans to go about making up for that number of lost fish.

Congressman Keating said his office has been in weekly contact with NOAA since the criminal proceedings against Rafael began last spring, because he said he knew then there would be repercussions that would reverberate through New Bedford and beyond.

Read the full story at WBSM

U.S. Secretary of Commerce Declares Fisheries Disasters Following Hurricanes Irma and Maria

February 12, 2018 — The following was released by the U.S. Department of Commerce:

Today, in conjunction with the requests put forward by the Governors of Florida, the U.S. Virgin Islands, and Puerto Rico, Secretary of Commerce Wilbur Ross determined catastrophic fishery disasters occurred in the areas because of impacts from Hurricanes Irma and Maria that made landfall in August and September of 2017.

Under the Interjurisdictional Fisheries Act and the Magnuson-Stevens Fishery Conservation and Management Act, the Governors asked the Secretary of Commerce to determine whether a commercial fishery failure occurred due to a fishery resource disaster, in these cases caused by destructive hurricanes.

“The Department of Commerce and NOAA support the rebuilding efforts of communities across the Gulf which were devastated by hurricanes in the past year,” said Secretary of Commerce Wilbur Ross. “This declaration provides a path forward to helping fishermen and businesses recover and grow.”

Through these fishery disaster declarations, participants in the fisheries are now eligible for Small Business Administration disaster loans. Additionally, because these fisheries are in areas declared a Presidential disaster, public fishery infrastructure-related losses are eligible for Federal Emergency Management Agency Public Assistance. Economic Development Administration grants and Department of Housing and Urban Development Community Development Block Grant-Disaster Recovery funds are another potential source of assistance for fisheries pending allocations and grantee Action Plans.

NOAA looks forward to working closely with Congress and Florida, the U.S. Virgin Islands, and Puerto Rico to continue to support recovery efforts.

NOAA’s mission is to understand and predict changes in the Earth’s environment, from the depths of the ocean to the surface of the sun, and to conserve and manage our coastal and marine resources. Join us on Twitter, Facebook, Instagram and our other social media channels.

View the release in its entirety here.

Murkowski, Sullivan Applaud Emergency Relief for Communities Affected by Fisheries Disasters

February 12, 2018 — WASHINGTON — U.S. Senators Lisa Murkowski (R-AK) and Dan Sullivan (R-AK) Friday applauded the inclusion of funding for fisheries disasters in the Bipartisan Budget Act, which established funding levels through the end of Fiscal Year 2019. The bill passed the Senate in a vote of 71-28.

Last month Senators Murkowski and Sullivan called on their colleagues to include disaster funding for coastal communities affected by longstanding and ongoing fisheries disasters, as Congress considered a relief package for U.S. communities impacted by hurricanes and wildfires.

“The dollars contained in this bill are truly vital to communities in the Gulf of Alaska who were hit hard by the pink salmon fishery in 2016. From commercial fisherman and processors to local governments who saw less revenue, this hit everyone hard,” said Senator Murkowski. “I’d like to thank my colleagues on the Senate Appropriations Committee, especially Senators Cochran and Shelby, for working with me over the months to secure this aid for Alaska and other states impacted by these disasters.”

“The 2016 pink salmon season was a disaster for our coastal communities, fishing families, and other fisheries related businesses,” said Senator Sullivan. “This emergency aid was a long time coming, and I thank my Senate colleagues for working with Senator Murkowski and I to address this pressing issue. Going forward we’ll work with NOAA and the affected communities to make sure the dollars are put to good use.”

Read the full story at Alaska Native News

A Famed Fishing Port Staggers as Carlos Rafael Goes to Jail

February 12, 2018 — NEW BEDFORD, Mass. — Carlos Rafael, whose initials are emblazoned on boats all over this port city, boasted that his fishing empire was worth even more than official records showed. His trick? When he caught fish that are subject to strict catch limits, like gray sole or cod, he would report that his nets were filled with something far more plentiful, like haddock.

“We call them something else, it’s simple,” Mr. Rafael told visitors who seemed interested in buying his business. “We’ve been doing it for over 30 years.” He showed off a special ledger labeled “cash.” And he described an under-the-table deal he had going with a New York fish buyer, saying at one point, “You’ll never find a better laundromat.”

But Mr. Rafael’s visitors turned out to be Internal Revenue Service agents, and the conversations, caught on tape and described in court documents, began the unraveling of Mr. Rafael, whose reign over a segment of this region’s fishing industry gave him his larger-than-life nickname, “the Codfather.”

As Mr. Rafael sits in prison, having pleaded guilty to lying about his catches and smuggling cash out of the country, nearly two dozen of his boats have been barred from fishing for species like cod and haddock, grinding part of the centuries-old maritime economy in the nation’s most lucrative fishing port to a halt.

Fishermen, ice houses and shoreside suppliers who once did business with Mr. Rafael are anxious, as their own businesses have slowed or stopped. Regulators, who oversee a federal system aimed at limiting what the industry fishes for, want more penalties, raising doubts about the future of the port when it comes to groundfish, the bottom-dwelling species like cod that were once the backbone of the fishing industry in New England.

“There are a lot of people on this waterfront, very hardworking people, whose livelihood depends on Carlos’s landings,” said Jon Mitchell, the mayor of New Bedford. “They don’t deserve to suffer along with him.”

Tony Fernandes, a captain on one of Mr. Rafael’s boats, said he was collecting unemployment benefits and waiting to learn when he may be able to fish again. “He’s putting in his time and he paid his fine,” he said of Mr. Rafael. “We are in limbo.”

For decades, Mr. Rafael, 65, was a blustery, polarizing figure along these piers. He called himself a pirate, and mocked smaller competitors as maggots or mosquitoes. When he wasn’t yelling into his phone in Portuguese, he held court around town, talking politics and fish. The authorities said he owned one of the country’s largest commercial fishing enterprises, and analysts estimate that he controlled about one-quarter of New England’s landings of groundfish. Mr. Rafael also had boats to harvest scallops, which now make up a much greater share of New Bedford’s total landings than groundfish do.

But Mr. Rafael also served as a dealer for the seafood that came off his boats, which prosecutors say made it easier for him to lie about what he was catching and how much he was getting for it.

“Carlos Rafael has been well known in the commercial fishing industry for 30 years,” said Andrew Lelling, the United States attorney for Massachusetts, who prosecuted the case. “And, for almost as long, federal law enforcement has heard rumors and concerns about Rafael acting illegally.”

Some people in New Bedford saw Mr. Rafael far differently — as a Robin Hood of sorts, with a pack of cigarettes and a dinged-up Silverado. He was a Portuguese immigrant who had started out cutting fish and eventually provided jobs for many people along a waterfront that has been bustling since Herman Melville immortalized its cobblestone streets and whaling ships in “Moby Dick.”

He saw an opportunity eight years ago when the government moved forward with a new regulatory system in New England, after Congress mandated that science-based limits be used to prevent overfishing. The cod catch, long a staple of New England’s economy, had fallen over the years.

Instead of the former approach of limiting how many days boats could spend at sea, the new regulations by the National Oceanic and Atmospheric Administration set specific ceilings on how many fish could be caught. The rules instantly were contentious, especially when regulators set low limits for dwindling species like cod to help them rebound.

Read the full story at the New York Times

NOAA Fisheries Modifies Skate Fishery Management Plan to Reduce Risk of Skate Bait Fishery Closure

February 12, 2018 — The following was released by NOAA Fisheries:

Effective March 15, 2018

NOAA Fisheries has modified the Northeast Skate Complex Fishery Management Plan to reduce the risk of the skate bait fishery from effectively closing down as it did in fishing year 2016.

These measures become effective March 15, 2018

Framework Adjustment 4 implements several measures to de-couple the skate wing and bait in-season trip limit adjustments to better control the catch of skate bait and to provide a more consistent supply of skate bait to the lobster fishery. Specifically, the final rule will:

Reduce the skate bait Season 3 (November 1 – April 30) possession limit from 25,000 lb to 12,000 lb;
Reduce the skate bait Season 3 threshold trigger from 90 to 80 percent of the annual total allowable landings;
Establish an 8,000-lb incidental possession limit for skate bait when a seasonal threshold trigger is reached;
Close the skate bait fishery when 100 percent of the quota is projected to be harvested; and
Clarify that if we determine that an in-season possession limit reduction could prohibit the skate bait fishery from achieving its annual TAL, then we may remove the in-season reduction and reinstate the standard possession limit.

To get all the details on these management measures, read the final rule as filed in the Federal Register today and the permit holder bulletin posted on our website.

To learn more about NOAA Fisheries Greater Atlantic Region visit their site here.

Local group seeks lawsuit to aid right whales

February 9, 2018 — After a year of major losses for North Atlantic right whales, a local environmental advocacy group filed a federal lawsuit against the National Marine Fisheries Service Thursday, arguing that the agency should do more to protect the critically endangered mammals.

Over the past year, 18 right whales have died — a grave blow to a species with only about 450 left in the world. Scientists fear they’re not reproducing fast enough and could face extinction as soon as 2040.

In response, federal regulators declared an “unusual mortality event,” triggering an investigation into the deaths and bringing more resources to protect the whales.

But lawyers at the Conservation Law Foundation in Boston, which filed the suit, argued that the agency should be doing more.

“Regulators are not just morally mandated to act . . . they are also legally required to ensure fishing efforts do not cause harm to these animals,” said Emily Green, an attorney at the foundation.

Green noted that the vast majority of right whale deaths have been attributed to entanglements in fishing gear, especially the lines that connect surface buoys to lobster traps.

“Tragically, chronic entanglement is a source of extreme stress, pain, and suffering for right whales, and can interfere with eating, moving, and reproducing,” Green said. “And we know that entanglement can cause long-term adverse health impacts, even for whales that manage to escape the ropes.”

Officials at the National Marine Fisheries Service declined to comment.

Read the full story at the Boston Globe

All Maine lobstermen will have to report fishing details, including secrets of success

February 9, 2018 — All Maine lobstermen will have to start giving up their most treasured fishing secrets, including where they set their traps and how much they catch, in five years.

Starting in 2023, the Atlantic States Marine Fisheries Commission will require all lobster fishermen to submit detailed reports on their fishing activities, including those in Maine, the nation’s lobster capital, where current regulations only require 10 percent of licensed lobstermen to share their fishing data. In other states, lobster fishermen have been submitting reports on every trip for years.

The commission was considering a plan to require Maine lobstermen to begin filling out these reports immediately, but Maine Marine Resources Commissioner Patrick Keliher argued against it. He said it would require state government to hire five employees and raise industry fees by $500,000 to review that many paper records. Keliher said he would rather wait a couple of years for the development of a cheap and easy electronic monitoring system before requiring 100 percent reporting in Maine.

“I’d rather spend my money on things that are more important at this time while we focus on electronic reporting development,” Keliher told the commission.

Fisheries managers say the data is necessary to assess the health of the Gulf of Maine lobster stock and understand the economic impact of other ocean projects, such as deep-sea coral protections or wind farms, on the valuable lobster fishery. In Maine, which lands 83 percent of the nation’s lobsters, the industry caught more than 130 million pounds of lobster valued at $533.1 million in 2016.

Read the full story at the Portland Press Herald

Massachusetts: Rep. Keating optimistic after meeting with NOAA on groundfishing ban

February 9, 2018 — NEW BEDFORD, Mass. — William Keating left a meeting with NOAA’s new regional administrator feeling optimistic regarding the agency’s stance on Sector IX.

The U.S. House member representing New Bedford met Tuesday night with Michael Pentony, who replaced John Bullard at NOAA and began his new role two weeks ago. Keating wanted to discuss the groundfishing ban that’s holding about 80 New Bedford fishermen off the water.

“What can I do to get people back fishing as quickly as possible?” Keating said. “That is creating my strong feelings of urgency around resolving the operations plan. That has to be done to go forward. NOAA is very clear about that.”

Neither NOAA nor Pentony would comment on the groundfishing ban placed on Sector IX.

However, Pentony also left the introduction with Keating with a feeling of optimism.

″(It was) very positive,” Pentony said. “I’m looking forward to continuing to work with the Congressman and his staff.”

Keating said his office remains in contact with NOAA on a weekly basis. The dialogue first began last spring.

The urgency, from Keating’s perspective results from the belief that the groundfishing ban established last November affects more than New Bedford.

As the most valuable fishing port in the country 17 years running, any splash in New Bedford ripples throughout Massachusetts, Keating said.

“It’s not only for our city, not only for our region, but for Massachusetts as a whole,” Keating said. “Having this cohesive industry situated the way that it is and the growth that can come from that … that is important in terms of the economic side that should be factored in.”

Because of its widespread effect on the state, Keating said he’s working with U.S. Senators Elizabeth Warren and Ed Markey on urging an immediate solution.

Read the full story at the New Bedford Standard-Times