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Report detailing enforcement abuses barred from fisherman’s trial

January 29, 2018 — The first criminal trial of a Long Island fisherman charged in connection with a federal probe of a controversial fish-auction program is set to begin, but a report detailing fisheries enforcement abuses by the government has been barred from the trial.

Lawyers for Northport fisherman Thomas Kokell, charged in a multi-count indictment with overharvesting fluke, argued in pretrial motions that a 2010 federal inspector general’s report detailing abuses and “overzealousness” by the National Marine Fisheries Service was vital to the defense.

The Environmental Crimes unit of the U.S. Department of Justice has reached plea agreements with seven Long Island and New York City fishermen and fish dealers in connection with the six-year probe.

Most have been charged with mail fraud, wire fraud, conspiracy and false reporting crimes. Five received prison time or home detention, including a 74-year-old Mattituck fisherman charged with taking $78,000 in illegal fish. Fines and restitution have ranged from $150,000 to $932,000 and most lost their fishing or dealer permits.

In November 2016, Kokell was charged with conspiracy, mail fraud and falsification of federal records in connection with the illegal harvest of more than $400,000 worth of fluke. He is the first to fight the charges in court. The trial is set to begin next month.

His lawyers have argued that Kokell’s case should be handled as a civil, not criminal, case, citing findings from the inspector general’s report and the federal Magnuson-Stevens Act, which governs the fisheries.

Kokell, who was fined $120,000 in a 2006 case involving overfishing, had been a vocal critic of the marine fisheries agency‘s enforcement and legal practices.

He and his wife appeared with Sen. Chuck Schumer (D-N.Y.) at a Port Washington dock to demand action against the fisheries agency, a unit of the National Oceanic and Atmospheric Administration.

Read the full story at Newsday

 

New report says future of Maine lobster industry could be worse

January 29, 2018 — ELLSWORTH, Maine — Warming ocean waters will have a big impact on Maine’s $547 million lobster industry in coming years, but the future would look a lot bleaker if not for the conservation efforts of the state’s thousands of lobster fishermen.

According to a study led by scientists at the Gulf of Maine Research Institute, the University of Maine and NOAA Fisheries, conservation practices long advocated by Maine lobstermen are helping make the lobster fishery more resilient to climate change.

For generations, lobstermen in Maine have returned large lobsters and egg-bearing female lobsters to the water rather than keeping them. Lobstermen first marked the tails of the egg bearers with a distinctive “V-notch” to give them further protection.

According to the scientists, these conservation practices, developed by custom and now mandated by state law, distinguish the fishery in the Gulf of Maine, where Maine harvesters trap some 83 percent of all lobster landings, from southern New England, where fishermen historically refused to take the same steps to preserve large, reproductive lobsters.

Funded by the National Science Foundation and published this week in the Proceedings of the National Academy of Sciences, the study shows how warming waters and contrasting conservation practices have contributed to significantly different results in the two fisheries.

Over the past decade (at least until this past year), Maine lobster landings have climbed steadily, setting new records nearly every year. During the same time period, the southern New England lobster population, and lobster fishery, has collapsed.

According to figures compiled by regulators, the commercial lobster landings in Connecticut fell from more than 2.5 million pounds in 1995 to about 200,000 pounds in 2015. In Rhode Island, the catch fell from more than 5 million pounds in 1995 to less than 2.4 million pounds in 2015. In New York, the commercial lobster industry has virtually disappeared.

Led by Arnault Le Bris of the Gulf of Maine Research Institute, the scientists used advanced computer models to simulate the ecosystem under varying conditions. The results show that temperature change was the primary contributor to population changes, but conservation efforts made significant differences in how the lobster population responded.

Read the full story at the Ellsworth American

 

NOAA to monitor 15 percent of fish trips

January 29, 2018 — Groundfishermen can expect to have at-sea monitors aboard 15 percent of all sector trips in 2018, representing a very slight decline from the groundfish sector coverage rates in place for the current fishing season.

The question now is whether NOAA Fisheries will find money to reimburse groundfishermen for their at-sea monitoring costs as the agency has in the past two seasons.

In 2017, NOAA reimbursed groundfishermen for 60 percent of their at-sea monitoring expenses — estimated at about $710 per day per vessel — which was down significantly from the 85 percent reimbursement provided fishermen in 2016, the first year the industry was responsible for funding at-sea monitoring.

“We await the enactment of a final Fiscal Year 2018 appropriations bill to determine what funding may be available for the upcoming fishing season,” NOAA Fisheries said in the statement announcing the 2018 at-sea monitoring targets.

The 2018 at-sea monitoring target, established by using at-sea monitoring data from the past three full groundfishing seasons, represents a 1 percent decline from 2017 levels of 16 percent of all groundfish sector trips and a 1 percent increase over the percentage of 2016 sector trips.

“The total monitoring coverage, ultimately, should provide confidence that the overall catch estimate is accurate enough to ensure that sector fishing activities are consistent (with federal national standards) to prevent overfishing while achieving on a continuing basis optimum yield from the fishery,” according to NOAA Fisheries’ summary of the analysis used to set the coverage rate.

Some sector trips are excluded from the new coverage target rate.

“Those using gillnets with 10-inch or greater mesh in Southern New England and Inshore Georges Bank are excluded from the ASM requirement due to their low catch of groundfish species,” NOAA Fisheries said. “This further reduces the portion of sector trips subject to industry-funded monitoring and better focuses monitoring resources.”

The New England Fishery Management Council is scheduled to discuss industry-funded, at-sea monitoring on Tuesday, the first day of its two-day meetings next week in Portsmouth, New Hampshire.

Read the full story at the Gloucester Times

 

Officials ask fishing vessels to slow down for right whales

January 29, 2018 — Federal officials are asking large commercial fishing vessels to slow down after nearly two dozen North Atlantic right whales were spotted in the waters off Nantucket.

The Boston Globe reports the National Oceanic and Atmospheric Administration issued a statement Friday saying a voluntary speed restriction zone has been established 30 nautical miles south of Nantucket. It says 22 right whales have been seen in that area.

Mariners are asked to go around the area or to pass through it at 10 knots or less. The request remains in effect through Feb. 5.

Read the full story from the Associated Press at WITF

 

Massachusetts: A day at sea: Cod, skate, discards and an observer

January 29, 2018 — It’s cold, dark and slippery at 2 a.m. at the Gloucester pier, and as most people are in bed or just going home from a late night out, Capt. Al Cottone is trying to start his engine and prepare his fishing vessel, the Sabrina Maria, for a day out at sea.

The Sabrina Maria is a member of Gloucester’s day fishing fleet, now hovering around 12 boats of what used to be a much larger contingent. This morning Cottone is taking the 42-foot trawler out around Stellwagen Bank, about 15 miles southeast of Gloucester, to trawl for cod, haddock and other groundfish as he skims the coast.

It’s a calm Friday in week of days of snow and freezing rain. Cottone and other fishermen have few good weather days in winter to fish, so they take advantage of whatever clear and calm days they can.

“In the wintertime you sometimes go two-week stretches without going out with the weather,” Cottone said. “Small boats have limitations.” An icy deck, big waves, a false step or slip and Cottone would be in the water with no one to pull him back on deck. He cannot afford a first mate or deckhand, and usually fishes alone.

“The days you fish, you save your money,” said Cottone. No fish means no money. “The winters are usually tough. Once the weather breaks, usually in the spring, you work harder and you make up for it.”

The weather is not all Cottone has to deal with. He also has to deal with the National Oceanic and Atmospheric Administration (NOAA). It controls what he and other fishermen can catch, how they must catch it, and how much they can bring back. It’s called the quota.

On this trip Cottone catches well over a thousand pounds of skate fish, but because of quota limitations is only allowed to bring in 500 pounds. The rest is thrown back overboard, mostly dead from being out of the water and in the frigid air for so long.

Cottone also has to deal with and pay for NOAA observers on his boat.

“Once federal at-sea observers became a reality, they added further insult to injury when they forced fishermen to pay for it,” Mayor Sefatia Romeo Theken said. “If they created the mandate for these observers, they should pay for them to go out with their own money instead of shifting the costs to those that are most vulnerable.”

Last week, NOAA announced groundfishermen such as Cottone can expect to have at-sea monitors aboard 15 percent of all trips boats in their sectors take in 2018. Still in the air is whether NOAA Fisheries will find money to reimburse the groundfishermen for any of their at-sea monitoring costs as the agency has in the past two seasons. In 2017, NOAA reimbursed groundfishermen for 60 percent of their at-sea monitoring expenses — estimated at about $710 per day per vessel — which was down significantly from the 85 percent reimbursement provided fishermen in 2016, the first year the industry was responsible for funding at-sea monitoring.

Read the full story at the Gloucester Times

 

First dead right whale of 2018 found off Virginia

January 26, 2018 — A whale carcass tangled in fishing line that was reported off Virginia Monday is confirmed as the first documented death of a North Atlantic right whale this year, according to the National Oceanic and Atmospheric Administration.

The imperiled right whales, which lost nearly 4 percent of their total population last year in Canadian and U.S. waters, and with only five documented births, faces significant man-made threats from both fishing gear and ship strikes, according to researchers.

“This isn’t just a crisis, this is a countdown to extinction,” said Regina Asmutis-Silvia, executive director of Whale and Dolphin Conservation, which has an office in Plymouth.

A stranding response team with the Virginia Aquarium received notice and a photo of the carcass Wednesday, at which point the whale was identified as a North Atlantic right whale that appeared to show it was was alive and swimming when it ran into the line.

Entanglements of whales in ropes prevents them from surfacing for air, leading to drowning, or creates a drag that hampers feeding, movement and reproduction, and reduces energy stores, according to scientists.

NOAA requested a drift analysis from the Coast Guard to determine where the carcass might be, and to determine if it can be towed to shore for a necropsy.

The sex and identify of the dead whale has not be determined.

“Disaster, depressing,” said Charles “Stormy” Mayo, who directs right whale research at the Center for Coastal Studies in Provincetown, said of the latest whale carcass. “These are our whales, the humans who live along the Gulf of Maine. We are obviously not doing a very good job as stewards. Something’s got to change soon.”

In addition to a voluntary ship slow-down announced this week for 30 miles south of Nantucket, NOAA announced Thursday another voluntary slow-down 100 miles east-southeast of Virginia Beach, where a U.S. military ship crew had seen the carcass and four other live right whales.

Read the full story at the Cape Cod Times

 

SAFMC: Meeting of the Council’s Socio-Economic Panel

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

The South Atlantic Fishery Management Council will hold a meeting of its Scientific and Statistical Committee’s Socio-Economic Panel February 6-7, 2018 in North Charleston, SC.

The meeting will be held at the Crowne Plaza Hotel, 4831 Tanger Outlet Boulevard, N. Charleston, SC 29418.

Agenda items include: 

  • Electronic reporting for recreational anglers in the South Atlantic
  • An update on the Council’s Citizen Science Program
  • Wreckfish Individual Transferable Quota Review
  • Preliminary results from the Socio-Economic Profile of the Commercial Snapper Grouper Fishery report

Members of the public are invited to attend. Public comment will be accepted at the meeting and via an online public comment form. The meeting will also be available via webinar. Webinar registration is required.

Additional information, including the meeting agenda, briefing book materials, public comment form, and links to register for the daily meeting webinars is available from the Council’s website: http://safmc.net/safmc-meetings/scientific-and-statistical-committee-meetings/.

Learn more about the SAFMC by visiting their site here.

 

NOAA Fisheries Announces At-Sea Monitoring 2018 Coverage Levels for Groundfish Sector Fishery

January 25, 2018 — The following was released by NOAA Fisheries: 

NOAA Fisheries announces that for fishing year 2018 the total target at-sea monitoring coverage level is 15 percent of all groundfish sector trips.

This target coverage level is a one percentage point decrease from the 2016 coverage level, which was 16 percent. As the target coverage level is set based on an average of at-sea monitoring data from the past three full groundfish fishing years, this level is set based on data from the 2014-2016 fishing years.

Federally funded observer coverage provided by the Northeast Fishery Observer Program to meet the Standardized Bycatch Reporting Methodology (SBRM) requirements will partially satisfy the 15 percent coverage requirement. Sectors will therefore actually pay for at-sea monitoring coverage on less than 15 percent of their groundfish trips; however, the total will depend on the SBRM coverage rates, which are not yet out.

We were able to reimburse 85 percent of at-sea monitoring costs in 2016, and 60 percent in 2017. We await the enactment of a final Fiscal Year 2018 appropriations bill to determine what funding may be available for the upcoming fishing season.

Certain sector groundfish trips–those using gillnets with 10-inch or greater mesh in Southern New England and Inshore Georges Bank–are also excluded from the ASM requirement due to their low catch of groundfish species. This further reduces the portion of sector trips subject to industry-funded monitoring and better focuses monitoring resources.

For more information, please read the Summary of Analysis Conducted to Determine At-Sea Monitoring Requirements for Multispecies Sectors 2018 that is available on our website.

 

NOAA Fisheries is Investigating Report of Dead Entangled Right Whale off Virginia and Has Declared New Voluntary Slow Speed Zone for Right Whales in Mid-Atlantic

January 25, 2018 — The following was released by NOAA Fisheries:

Dead North Atlantic Right Whale 

We are investigating a report of a dead North Atlantic right whale off the coast of Virginia/North Carolina on Monday, January 22.

The Virginia Aquarium Stranding Response Program received notification of the whale, along with a photo of the carcass, on the evening of Wednesday, January 24. The whale has been positively identified as a North Atlantic right whale (Eubalaena glacialis), and appears to be wrapped in line in a manner that, based on past observations of entanglements, suggests the whale was alive and swimming when it encountered the line.

NOAA Fisheries requested a drift analysis from the Coast Guard to determine where the carcass might be, and to determine whether the whale can be towed to shore and necropsied. At this point, we are not able to confirm the whale’s sex or match its identity with the photo-id catalog of known individuals that scientists maintain for the population.

This is the first reported mortality of a North Atlantic right whale in 2018.

New Dynamic Management Area

Shortly after receiving the report of the dead right whale, we were alerted to the presence of four live right whales in the same general area, prompting the establishment of a voluntary vessel speed restriction zone (Dynamic Management Area or DMA). The DMA has been established 86 nm east-southeast of Virginia Beach, VA to protect the aggregation of right whales sighted in this area by a U.S. military ship on January 23, 2018.

This DMA is in effect immediately through February 7.

Mariners are requested to route around this area or transit through it at 10 knots or less.

East-Southeast of Virginia Beach, Virginia DMA — in effect through February 7, 2018

36 54 N
36 12 N
074 47W
073 55 W

2017 Was a Devastating Year for Right Whales

The year 2017 was devastating for North Atlantic right whales, which suffered a loss of 17 whales–about 4 percent of their population–an alarming number for such a critically endangered species with a population currently estimated at about 450 animals.

Of the 17 dead whales, 12 were found in Canadian waters and 5 were found in U.S. waters. The whales in Canada were discovered in the  Gulf of St. Lawrence between June and September. Canadian officials performed necropsies on seven of these whales, and found that five died to blunt force trauma (often associated with vessel strikes) and two died due to entanglements from fishing gear.

Of the five dead right whales found in U.S. waters in 2017, all were found in waters off the coast of Massachusetts. One (a young calf) was confirmed to have died of blunt force trauma. We were unable to determine a cause of death for the other four (all adults) because they were in advanced states of decomposition.

There are currently only about 100 females of breeding age in the population and more females seem to be dying than males. Births have also been declining in recent years, and to date, no new calves have been spotted in the calving grounds off Florida this year.

In August 2017, NOAA Fisheries declared the increase in right whale mortalities an “Unusual Mortality Event,” which helps the agency direct additional scientific and financial resources to investigating, understanding, and reducing the mortalities in partnership with the Marine Mammal Stranding Network, Canada’s Department of Fisheries and Oceans, and outside experts from the scientific research community.

Taking Action to Protect Right Whales

While the North Atlantic right whale population has increased since we began our recovery efforts more than two decades ago, this most recent decline and the large number of recent mortalities are a serious concern, and reminds us that we still have a long way to go to recover this species.

Read more about our Atlantic Large Whale Take Reduction Plan, our Large Whale Disentanglement Program and our Ship Strike Reduction program, which has helped reduce serious injuries and mortalities caused by vessel strikes. Find out about the actions we are currently taking to help right whales.

Next month, the first meetings of two Atlantic Large Whale Take Reduction Team subgroups investigating the feasibility of ropeless gear and whale-release rope and gear marking will be convened. John Bullard’s (former Regional Administrator for the Greater Atlantic Region) guest column, which begins on page three of the Maine Lobstermen’s Association January Newsletter, provides context on the challenges and urgency surrounding this and our other efforts.

On Tuesday, Canada’s Department of Fisheries and Oceans Minister Dominic LeBlanc announced four measures for the snow crab fishery in the southern Gulf of St. Lawrence to protect North Atlantic right whales from entanglement. These measures complement several measures in place in the U.S., including gear marking for trap/pot gear and reducing the amount of floating rope on the water’s surface.

Report a Stranded Marine Mammal

If you see or have any information about a stranded marine mammal, please report it to our stranding hotline 866-755-NOAA (6622) or to your local stranding response organization.

Learn more about NOAA Fisheries’ Great Atlantic Region by visiting their site here.

 

Endangered Orcas Are Starving. Should We Start Feeding Them?

January 25, 2018 — Washington state officials have proposed a new tack to save the Pacific Northwest’s critically endangered orca population. Their idea is to boost salmon hatchery production by 10 to 20 million more fish per year to provide more food for the iconic killer whales.

No one wants to see orcas starve, but reliance on fish hatcheries leaves some whale advocacy groups uneasy.

There are just 76 orcas left in the pods that call the inland waters of the Northwest home. That’s the lowest number in more than three decades. Numerous factors take the blame for the dwindling population, but one of the biggest according to biologists is lack of prey. Chinook salmon are the preferred food for these orcas.

Sport fisherman Greg King can relate.

“The science is there. They’re dying,” he said. “We’re on a world stage here right now. The whole world is watching us. Are we going to let these orca whales die and have that blood on our hands? I don’t think we want that.”

King trooped to the Washington Legislature this month to support spending tax dollars to increase hatchery production of Chinook—also known as king—salmon. The Washington Department of Fish and Wildlife first proposed this idea and the governor is running with it.

State Rep. Brian Blake, D-Aberdeen, independently put forward the concept and is getting traction with both parties in the legislature.

On one level, the idea is pretty simple: rear more salmon at maybe half a dozen or more existing hatcheries throughout the state with spare capacity and release them.

Some of that could happen at the Hoodsport salmon hatchery on Hood Canal.

“We want to see if we can add to that prey base here from Hoodsport,” State Fish and Wildlife Regional Hatchery Manager Rob Allan said.

Asked whether he thinks this will work, that enough of the fish will survive to grow big enough to interest the killer whales, Allan said he hopes so.

“All we know is that we release fish, they go out to the salt (water) and then they come back,” Allan said. “So then it’s up to the whales to go ahead and eat ’em. We think it’s going to help.”

But potential complications abound. The federal government will need to give the OK because both the Puget Sound orcas and many wild salmon runs they used to feed on are listed as endangered.

“Hatchery fish has been identified as a bit detrimental to recovery of wild stocks,” Allan explained. “They want us to put the reins on it a bit.”

That’s because hatchery fish could compete for resources with wild stocks and they might interbreed. So it’ll be a challenge to identify the right salmon stocks, hatchery locations and run timing.

Read the full story at KUOW

 

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