Saving Seafood

Trump team may have broken law to score red snapper win

December 19, 2017 — The Trump administration scored last week when a House panel voted to give Gulf of Mexico states more power in managing the popular red snapper, but court records suggest it may be a tainted victory.

Internal memos show that Commerce Secretary Wilbur Ross and a top adviser may have knowingly violated federal fisheries law in June when they extended the Gulf red snapper season, hoping the move would pressure Congress to act.

In a June 1 memo, Earl Comstock, the Commerce Department’s director of policy and strategic planning, told Ross that a longer season “would result in overfishing” of the stock by as much as 40 percent and possibly prompt a lawsuit.

But Comstock urged Ross to extend the season anyway, saying it could lead to “a significant achievement” by forcing Congress to liberalize the federal law and transfer more authority to Gulf states.

“It would allow a reset in the acrimonious relationship and set the stage for Congress to adopt a long-term fix,” Comstock told Ross.

Comstock followed up with a second memo on June 7, reminding his boss that both the White House and a dozen congressmen from Gulf states had asked Ross to explore the possibility of a longer fishing season.

The next week, Ross decided to extend the season from three to 42 days, much to the joy of recreational anglers in Florida, Texas, Louisiana, Mississippi and Alabama (Greenwire, Sept. 20).

Critics say the memos offer proof that Commerce and NOAA Fisheries plotted to bypass the Magnuson-Stevens Fishery Conservation and Management Act, a 1976 law that sets quotas as a way to rebuild overfished stocks, including the red snapper.

“I appreciate it when people are transparent about their intentions,” said Janis Searles Jones, the CEO of Ocean Conservancy, a nonprofit environmental group.

Commerce made the memos public as part of its response to a lawsuit filed in July in U.S. District Court in Washington by Ocean Conservancy and the Environmental Defense Fund. The complaint accuses Ross, NOAA and NOAA Fisheries of mismanagement by allowing overfishing.

Read the full story at E&E News

 

MAFMC Discontinues Development of Squid Buffer Framework

December 19, 2017 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council voted last week to discontinue development of a framework action that would have considered establishing a squid fishery buffer zone in waters south of Martha’s Vineyard and Nantucket. This decision will allow the effects of the recently-approved Squid Amendment to be realized prior to any additional action.

The Council included the Squid Buffer Framework in its list of possible actions for 2017 in response to public concern regarding longfin squid fishing effort during Trimester 2 (May-August) in an area south of Martha’s Vineyard and Nantucket. Commenters raised concerns about a lack of juvenile squid in some areas, high amounts of bycatch of squid eggs and other species, and reported poor recreational finfish catches.

The Squid Amendment includes a 250-pound trip limit for all permits once the Trimester 2 quota has been reached — a 90% reduction from the current post-closure trip limit of 2,500 pounds. Once the amendment is implemented by NOAA Fisheries, fishing effort will be constrained after a closure during the summer months. This may address some of the concerns raised regarding squid fishing near Martha’s Vineyard and Nantucket. Allowing time for that action to be fully implemented will enable the Council to evaluate the need for buffers or other management measures more effectively in the future.

Prior to last week’s meeting in Annapolis, Maryland, the Council received a substantial number of public comments both in support of and opposed to the framework. Comments immediately prior to the meeting were mostly against proceeding with the buffer action. Also, the directors of the state fisheries agencies for Rhode Island and Massachusetts, the two states most directly impacted, recommended not moving forward with the action at this time.

After extensive discussion and consideration of public comments, the Council voted to discontinue development of the framework. In December 2018 the Council will consider if a 2019 workshop including the various interested parties could serve to further inform possible future actions.

Learn more about the MAFMC by visiting their site here.

 

ASMFC Approves Black Sea Bass Draft Addendum XXX for Public Comment & ASMFC and MAFMC Initiate Bluefish Amendment

December 19, 2017 — ANNAPOLIS, Md. — The following was released by the Atlantic States Marine Fisheries Comission:

The Atlantic States Marine Fisheries Commission (Commission) and the Mid-Atlantic Fishery Management Council (Council) met jointly to establish recreational specifications for black sea bass, scup, and summer flounder; consider approval of Black Sea Bass Draft Addendum XXX for 2018 recreational management; discuss the initiation of a new Bluefish Amendment; and jointly take action on several items related to all four species (detailed below). The Commission’s actions are final and apply to state waters. The Council will forward its federal waters recommendations regarding summer flounder specifications to NOAA Fisheries Greater Atlantic Regional Fisheries Administrator for final approval.

Black Sea Bass

As part of the discussion on black sea bass recreational specifications, the Commission approved Draft Addendum XXX to the Black Sea Bass Fishery Management Plan (FMP) for public comment. The Draft Addendum considers alternative regional management approaches for the recreational fishery, including options for regional allocation of the recreational harvest limit (RHL) based on historical harvest and exploitable biomass. A subsequent press release on the document’s availability and the public hearing schedule will be distributed once hearings have been finalized. The Council recommended the following recreational measures for federal waters from February 1-28, 2018: a 12.5” minimum size limit and a 15 fish possession limit. Specifications for the remainder of 2018 fishing season will be determined in February.

The Commission and Council also initiated the development of an addendum/framework to address several recreational management issues. The addendum/framework will consider implementing a conservation equivalency management program for black sea bass similar to that used with summer flounder by allowing state or regional measures to be implemented in both state and federal waters; allow for a summer flounder, scup and black sea bass transit provision in federal waters around Block Island similar to the provision allowed for striped bass; and consider the possible implementation of slot limits in federal waters for summer flounder and black sea bass. This addendum/framework will be developed in 2018 with the goal of implementation prior to the 2019 recreational fishing seasons.

Additionally, the Commission/Council reviewed draft alternatives for an addendum/framework to consider the opening of the Wave 1 recreational fishery in 2019 through a Letter of Authorization. Work on these documents will continue in 2018.

Bluefish

The Council and Commission initiated a new amendment to the Bluefish FMP. The intent of the Draft Amendment is to review and possibly revise commercial/recreational allocation of the resource, as well as the distribution of the commercial quota among the states. A Scoping Document will be released sometime in 2018.

Scup

For scup, Commission and Council maintained status quo recreational management measures in federal waters (e.g., 9-inch minimum size, 50 fish possession limit, and year-round open season). For state waters, the Commission approved the continued use of the regional management approach. Based on interest expressed by fishery managers and stakeholders, the Technical Committee will conduct an analysis on the potential impacts of lowering the size limit for northern region state waters on the 2018 coastwide harvest. The Technical Committee will present this analysis at the Commission’s Winter Meeting in February. 

Summer Flounder

For summer flounder, the Commission and Council extended the provisions of Addendum XXVIII, allowing for the use of conservation equivalency to achieve, but not exceed, the 2018 summer flounder RHL of 4.42 million pounds. Conservation equivalency allows individual states or multi-state regions to develop customized measures that, in combination, will achieve the coastwide RHL. Further, it was specified that any modifications to state measures in 2018 should result in no more than a 17% liberalization in coastwide harvest relative to the projected 2017 harvest of 3.23 million pounds. This maximum liberalization was set based on continued concern for the stock status of summer flounder. Additionally, information suggests 2017 appears to be an anomalous low year in terms of effort and harvest, raising concern that overages in 2018 may occur under a larger liberalization in regulations if catch and effort rates increase in 2018. In extending the provisions of Addendum XXVIII, the regional delineation for 2018 will be:  (1) Massachusetts (2) Rhode Island (3) Connecticut‐New York, (4) New Jersey, (5) Delaware‐Virginia, and (6) North Carolina. Any state or region wishing to modify its management measures must submit proposals for Technical Committee review in January, and Board consideration in February.

The Commission and Council set non-preferred coastwide measures in the event that state conservation equivalency measures are not approved by NOAA Fisheries. These measures include a 4-fish possession limit, a 19-inch total length minimum size, and an open season of May 15 – September 15. The Council and Board also approved precautionary default measures (i.e., a 2-fish possession limit, a 20-inch total length minimum size, and an open season of July 1 – August 31), which will be implemented in any state or region that does not adopt measures consistent with the conservation equivalency guidelines.

Lastly, work continues on the development of a new Summer Flounder Amendment. The Commission and Council reviewed the latest revisions to the Draft Amendment, including FMP goals and objectives, and commercial alternatives. An updated draft document is scheduled to be released in 2018 for public comment.

A PDF of the press release and meeting motions can be found here –http://www.asmfc.org/uploads/file/5a3948abpr60ASMFC_MAFMC_Actions.pdf.

Learn more about the ASMFC by visiting their site here.

 

Sanfilippo resigns from fisheries commission

December 19, 2017 — Longtime Gloucester fisherman Gus Sanfilippo has resigned from the state’s Marine Fisheries Advisory Commission, leaving Arthur “Sooky” Sawyer as the only Gloucester resident on the commission.

Sanfilippo, appointed to the commission in May 2016 as part of Gov. Charlie Baker’s wholesale purge of existing commission members, said he resigned so he could spend more time fishing.

“I just didn’t have the time now that I’m back fishing again,” said Sanfilippo, who has been working on the fishing vessel Miss Trish. “I found it really interesting, but it was really just a matter of not having the time.”

Sanfilippo said his time on the commission gave him a greater appreciation for the complexities of the state’s varied fisheries and the overall performance of the state’s Division of Marine Fisheries.

“It’s something I’d definitely do again if I have the time,” he said.

Sanfilippo hails from an established Gloucester fishing family and skippered the 80-foot F/V Lily Jean on the History Channel’s 2012 fishing mini-series, “Nor’easter Men,’ a three-hour documentary that focused on draggers from several New England ports.

Read the full story at the Gloucester Times 

 

Boat noise silencing cod, haddock love songs

December 19, 2017 — Communication among cod comes in the form of vocalized grunts. And for haddock, it’s knocks.

Now it appears that increasing traffic noise from large vessels in the Gulf of Maine may be reducing the range of communication for the two species of Atlantic groundfish, according to research by NOAA Fisheries scientists.

The study, undertaken by scientists from NOAA Fisheries’ Northeast Fisheries Science Center and published in Scientific Reports, said the decline in the ability to communicate may generate widespread changes in the species’ “daily behavior, feeding, mating, and socializing during critical biological periods for these commercially and ecologically important fish.”

Cod, for instance, vocalize to attract mates and listen for predators and “not hearing those signals could potentially reduce reproductive success and survival,” according to the study.

Using bottom-mounted instruments to record the cod grunts and haddock knocks, scientists spent three months monitoring the sounds made by the two species at three separate spawning sites within the Gulf of Maine — two inside Stellwagen Bank National Marine Sanctuary and one inshore south of Cape Ann.

“We looked at the hourly variation in ambient sound pressure levels and then estimated effective vocalization ranges at all three sites known to support spawning activity in the Gulf of Maine cod and haddock stocks,” said Jenni Stanley, a marine research scientist and lead author of the study. “Both fluctuated dramatically during the study.”

The variations of the sound levels, she said, appear to be driven by the activities of large vessels.

Read the full story at the Gloucester Times 

 

Boston Globe: What’s fair in breaking up Carlos Rafael’s empire?

December 18, 2017 — Randy Cushman, a fourth generation fisherman in Maine, knows what the crimes of Carlos Rafael cost him.

Cushman fishes out of the bucolic village of Port Clyde, population 307, the sort of place many New Englanders might still associate with the region’s storied, struggling fishing industry. Last season, he had to pay $49,000 for fishing quota, most of it for American plaice, a species of groundfish commonly known as dabs. Cushman’s own allowance on the fish ran out after only four days on the water, forcing him to bargain with other fishermen for more.

Up the coast, Rafael had been catching dabs in the Gulf of Maine too. But in an elaborate criminal scheme, the New Bedford fishing tycoon, owner of about 40 vessels, was directing his captains to report dabs as other kinds of fish, often haddock, which is subject to much higher limits. Breaking the rules let Rafael evade the kind of payments that Cushman made. It also depressed prices by flooding the market with black-market fish. Worst of all, the scheme also meant fishing regulators were getting inaccurate information about how many fish Rafael’s empire was scooping out of the Atlantic, bad data that fishermen suspect distorted how scientists analyzed ocean trends, and Cushman believes skewed the way regulators set the amount each fishermen can catch before having to start paying.

“He definitely hurt my business,” Cushman said. Bottom line: “I should have ended up with more allocation on dabs,” he said.

Rafael, whose downfall came after he boasted of his scheme to undercover IRS agents posing as Russian mobsters, is now serving a 46-month sentence in federal prison. The made-for-TV story, complete with an illicit cash buyer in New York, bank accounts in Portugal, allegations of corrupt sheriff deputies, and broad hints that other players on the waterfront must have been in the know, has transfixed New England’s close-knit fishery. Rafael’s arrest has thrust arcane fisheries policies into the spotlight, touched off a political battle between Massachusetts and Maine about the future of his businesses, and raised questions about how fishing regulators can provide justice for his victims and prevent a scheme like his from infecting the fishery again. The feds have already seized some of his permits and four of his boats, but more punishments are widely expected. A spokeswoman for the National Oceanic and Atmospheric Administration, Jennifer Goebel, said the regulatory agency was considering further sanctions against Rafael but that “it’s longstanding NOAA policy not to discuss pending enforcement matters.”

Read the full editorial at the Boston Globe

MASSACHUSETTS: New Bedford City Council seeks action on Carlos Rafael’s fishermen

December 18, 2017 — NEW BEDFORD, Mass. — The City Council took aim at former Mayor John Bullard and his decision to prevent Sector IX, the fishing division populated by Carlos Rafael vessels, from landing groundfish.

“It’s important that we get turn this around,” [Ward 4 Councilor Dana] Rebeiro said. “He’s a very reasonable man. He loves New Bedford. I know he’s very concerned about Carlos Rafael, as we all are, and the fact that he was able to do what he did for so long. But I think there has to be a way that we can make sure that justice is served but not at the expense of these families.”

The council agreed to send a letter to Bullard, the Northeast Regional Administrator for NOAA and the federal delegation asking for immediate reversal of the ban.

The ban took effect Nov. 20 as a result of Bullard believing the division still hadn’t addressed issues resulting from Rafael’s illegal behavior.

Read the full story at the New Bedford Standard-Times

Breeding North Atlantic right whales could be gone by mid-century

December 17, 2017 — The National Oceanic and Atmospheric Administration Fisheries top administrator in the Northeast has asked for more help from fishermen to save the North Atlantic right whale from extinction, along with receiving assurances from Canadian officials that the 12 whale deaths this year in the Gulf of St. Lawrence will not occur again.

“This is a crisis,” said John Bullard, the outgoing National Oceanic and Atmospheric Administration Greater Atlantic Regional Administrator, last week at a New England Fishery Management Council meeting. “You do have to use the ‘extinction’ word. That’s what we’re looking at with the trend lines where they are.”

As scientists hone in on the future for the rare right whale, some consider the population likely to be “functionally extinct” in 20 to 25 years. Given that four or five adult females are killed each year by fishing gear entanglements and ship strikes, the estimated 100 adult breeding females left in the population would be gone by 2041, said Woods Hole Oceanographic Institution scientist Mark Baumgartner cq, who heads to North Atlantic Right Whale Consortium.

“There will still be females left, those that are juveniles today and those that are not yet born, but there will be too few of them to allow the species to recover,” Baumgartner said.

Read the full story at the New Bedford Standard-Times

 

Recreational and Commercial Harvest of Atlantic Cobia (Georgia through New York) to Open in Federal Waters in 2018

December 18, 2017 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

Recreational and commercial harvest of Atlantic migratory group cobia (from Georgia through New York) will open at 12:01 a.m. on January 1, 2018, in federal waters.

For recreational fishermen:

  • The recreational bag limit is one cobia per person per day, or six cobia per vessel per day, whichever is more restrictive.
  • The recreational minimum size limit is 36 inches fork length.

For commercial fishermen:

  • The commercial trip limit is two cobia per person per day, or six cobia per vessel per day, whichever is more restrictive.
  • The commercial minimum size limit is 33 inches fork length.

WHY THIS OPENING IS HAPPENING:

The Atlantic States Marine Fisheries Commission recently approved an Interstate Fishery Management Plan that includes changes to commercial and recreational regulations for Atlantic cobia in state waters. The states expect to implement this plan by April 2018. More information on the changes to cobia harvest in state waters may be found at www.asmfc.org

If the recreational and total catch limits are exceeded in 2017, NOAA Fisheries may take action to reduce the recreational vessel limit and, if necessary, the length of the recreational fishing season, by the amount necessary to ensure recreational landings do not exceed the 2018 recreational catch limit. The recreational vessel limit and the length of the recreational fishing season will not be reduced if NOAA Fisheries determines, based on the best scientific information available, that a recreational vessel limit and fishing season reduction are unnecessary.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

 

Commercial fishing interests support Barry Myers to lead NOAA

December 14, 2017 — A consortium of commercial fishermen is calling on the U.S. Senate to confirm President Donald Trump’s pick to head the National Oceanic and Atmospheric Administration.

The National Coalition for Fishing Communities wrote the letter in support of Barry Myers to U.S. Sen. John Thune (R-South Dakota), Commerce, Science and Transportation Committee chairman, and U.S. Sen. Bill Nelson (D-Florida), the committee’s ranking minority member. The group represents 71 commercial fishing companies and organizations as well as 31 vessels.

Trump announced his selection of Myers back in October. Myers’ history differs from most who have been picked to head the organization in the past – whereas most have been scientists, Myers, the CEO of weather prediction service AccuWeather, comes from a business background.

Read the full story at Seafood Source