Saving Seafood

‘The government is what created Carlos Rafael’

January 18, 2018 — NEW BEDFORD, Mass. — Bill Straus saw the writing on the wall years ago.

In 2009 — eight years before Carlos Rafael went to prison — the representative of Bristol’s 10th District spoke out during the establishment of the current catch-share system in the Northeast fishery. And even with Rafael behind bars, Straus says the threat of another Codfather emerging is ever present.

“The risk is still there,” Straus said. “And that’s why what comes out of the different remedies is so important.”

NOAA defines catch shares as a portion of catch for a species that is allocated to individual fishermen or groups. Each holder of a catch share must stop fishing when his/her specific share of the quota is reached. It’s often also looked at as quota. Fishermen and organizations can buy and sell quota.

Like any industry, the largest organization buys the smaller entities, whether it’s Disney purchasing Fox, AT&T attempting to acquire Time Warner or Rafael acquiring more quota.

“Catch shares are complicated things; there’s pluses and minuses,” SMAST Professor Dan Georgianna said. “Almost every study of catch shares shows decline in employment.”

Straus echoed that in a letter to the editor published in 2009 and in a conversation with The Standard-Times on Wednesday.

“The system encourages one owner or permit holder to gobble up the permits, and that it really works to that effect in a stressed fishery like New England groundfish,” Straus said. “What Rafael was able to do was approach people who had tiny bits of shares, and say, ‘I’ll just take it off your hands because you can’t afford to be sending your boat off to get that tiny amount.’”

In buying permits from across the Northeast, Rafael became one of the biggest organizations on the East Coast, not only catching the fish but also using Carlos Seafood Inc. as the landing’s dealer, which masked the act of misreporting.

Read the full story at the New Bedford Standard-Times

 

SAFMC: Federal Waters Off South Carolina Closed to All Fishing for Brown, Pink, and White Shrimp

January 18, 2018 —

WHAT/WHEN:

  • No person may trawl for brown, pink, or white shrimp in federal waters off South Carolina.
  • The closure is effective 4:15 p.m., local time, January 17, 2018.
  • NOAA Fisheries will issue a new Fishery Bulletin announcing the re-opening to shrimp harvest in federal waters off South Carolina.

WHY THIS CLOSURE IS HAPPENING

  • The purpose of the closure is to protect the white shrimp spawning population.
  • South Carolina closed its state waters to all shrimping on January 10, 2018, due to a prolonged period of water temperatures at or below 9°C in the region.
  • South Carolina requested NOAA Fisheries to close federal waters off South Carolina.

DURING THE CLOSURE:

  • Possession of brown, pink, or white shrimp is prohibited on board a vessel in federal waters off South Carolina unless the vessel is in transit through the area and all nets with a mesh size of less than four inches, as measured between the centers of opposite knots when pulled taut, are stowed below deck.
  • Any vessel trawling within 25 nautical miles seaward from the South Carolina shoreline must use trawl nets with a minimum mesh size of four inches or greater.

This bulletin provides only a summary of the existing regulations.  Full regulations can be found in the Federal Register.

To learn more about the SAFMC visit their site here.

 

Global Fishing Watch Partners With NOAA to End Illegal Fishing in Indonesia

January 17, 2018 — SEAFOOD NEWS — The U.S. National Oceanic and Atmospheric Administration (NOAA) has entered into a partnership with the Global Fishing Watch to “improve understanding of the activity of fishing vessels in Indonesian waters.”

The two organizations looked at Vessel Monitoring System (VMS) data from the Indonesian government and compared it to NOAA’s Visible Infrared Imaging Radiometer suite (VIIRS). According to a press release, they hoped to be able to use the data to “identify fishing vessels that are not picked up by other monitoring systems and to test and refine the use of VIIRS for identifying and distinguishing different types of fishing vessels.” What they found was that approximately 80% of VIIRS detections “could not be correlated to a vessel broadcasting VMS.”

The reason a vessel may not be broadcasting VMS is because they are under a 30 gross ton threshold, which was previously established by the Indonesian government. Or, a vessel could not be broadcasting VMS because they are fishing illegally.

“I’m excited for this opportunity to see the dark fleet,” Global Fishing Watch Research Program Director David Kroodsma said in a press release of vessels that don’t show up in VMS. “NOAA’s VIIRS data shows up vessels we can’t see by any other means and helps us to gain a more complete picture of fishing activity.”

The Global Fishing Watch will be using this new data to identify “dark vessels” that may be illegally fishing.

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

 

Tom Davis to Congress: ‘Oil and water should not mix’

January 17, 2018 — Below is the text of testimony state Sen. Tom Davis, R-Beaufort, plans to deliver Friday, Jan. 19, before the U.S. House Committee on Natural Resources’ Subcommittee on Energy and Mineral Resources.

The hearing is titled “Deficiencies in the Permitting Process for Offshore Seismic Research.”

Davis provided the text to The Island Packet and The Beaufort Gazette on Wednesday.

1. Impact of seismic testing:

Seismic testing involves firing loud sonic guns into the ocean floor every 16 seconds to read echoes from the bottom geology, with the tests taking place over miles of ocean for months at a time. The National Oceanic and Atmospheric Administration (NOAA) confirms that the sound from the sonic guns can be recorded from sites more than 1,860 miles away.

Scientists disagree on whether these underwater noises are lethal, but most do agree the blasts could alter sea mammals’ behavior, affecting their migration patterns, mating habits and how they communicate with each other. Most animals in the ocean use sound the way animals on land use eyesight; saturating their environment with noise will have an impact. ExxonMobil had to suspend seismic-blasts near Madagascar after more than 100 whales beached themselves. NOAA estimates that 138,000 marine animals could be injured, and 13.6 million could have their migration, feeding, or other behavioral patterns disrupted.

Seismic testing also affects commercial and recreational fishing — sonic blasts can decrease catch rates of commercial fish species by an average of 50 percent over thousands of square miles. Seismic blasting will affect fish that spawn in the rivers and estuaries all along the East Coast. A 2014 study cited by Congressmen John Rutherford (R-FL) and Don Beyer (D-VA) that found reef fish off North Carolina declined by 78 percent during seismic testing compared with peak hours when tests weren’t being conducted.

2. Results of seismic tests would be proprietary to private companies.

Proponents for testing and drilling often argue that seismic tests are necessary in order to provide coastal communities with data about oil and gas deposits off their shores that is necessary in order to assess whether it makes economic sense to move forward with drilling for those resources. But that information is considered proprietary by the private companies conducting them. Local decision makers won’t have access to it, nor will the public. Not even members of Congress can get their hands on it.

3. Damages associated with drilling.

Accidents happen in a world where human error, mechanical imperfections and coastal hurricanes all play unexpected roles. When you drill, you spill. It is inevitable. The oil industry touts a 99 percent safety record, but that 1 percent is pretty horrific for people living in the vicinity of a spill when it occurs. The federal Mineral Management Service predicts at least one oil spill a year for every 1,000 barrels in the Gulf of Mexico over the next 40 years — a spill of 10,000 barrels or more every three to four years.

We saw what happened in the Gulf of Mexico in 2010 when the BP Deepwater Horizon rig spilled millions of barrels of oil into the gulf. It was a disaster, but thankfully the Gulf’s bowl-like shape contained the spill in that region. A similar spill off the Atlantic Coast would be a disaster of epic proportions. If oil entered the Gulf Stream it would be forced up into the Chesapeake Bay, the Hudson River Valley, the Gulf of Maine, the Grand Banks (some of the richest fishing grounds in the world).

The Gulf of Mexico Deepwater Horizon blowout showed that oil cannot be removed from salt marshes and other wetland systems. It can remain in the sediments for decades, as was seen in marshes in Massachusetts. Coastal salt marshes in South Carolina are among the most productive ecosystems in the world, and nursery grounds for many estuarine and marine species. Toxic substances from oil spills, both chronic and acute, will put all of these organisms at risk.

Even if a spill never occurs — and both the oil industry and the federal government admit that spills are inevitable – there’s still an adverse impact to South Carolina’s coast in that the land-based infrastructure necessary to support offshore drilling is dirty and highly industrial. Also, the infrastructure required to transport offshore oil is devastating, e.g., a series of canals built across Louisiana wetlands to transport oil has led to vast destruction of marshlands. Healthy marshlands are a critical component of our ecosystem.

Read the rest of Davis’ future testimony at the Island Packet

 

Mid-Atlantic Council to Offer Training Workshops on Electronic Vessel Trip Reporting for the For-Hire Community

January 16, 2018 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council will hold two workshops in February to help for-hire vessel operators prepare for upcoming electronic reporting requirements. Beginning March 12, 2018, all vessels with Federal charter or party permits for species managed by the Mid-Atlantic Council will be required to submit electronic vessel trip reports (eVTRs) while on trips carrying passengers for hire. eVTRs must be submitted through a NOAA-approved software application within 48 hours following the completion of a fishing trip.

While all software options for electronic reporting will be briefly discussed, the workshops will primarily focus on training for the SAFIS eTrips/mobile and eTrips Online systems developed by the Atlantic Coastal Cooperative Statistics Program (ACCSP). Participants will receive hands-on assistance with navigating the eTrips application, setting up favorites, and creating and editing trip reports. Instruction will be led by Rick Bellavance, Owner/Operator of Priority Fishing Charters in Point Judith, Rhode Island, and ACCSP staff.

For more information about for-hire electronic reporting requirements and software options, visit http://www.mafmc.org/for-hire-evtr/.

Workshop Dates and Locations

  • Saturday, February 10, 9:00 a.m. – 4:30 p.m. DoubleTree by Hilton Boston North Shore, 50 Ferncroft Rd., Danvers, MA, 978-777-2500
  • Saturday, February 24, 9:00 a.m. – 4:30 p.m. Clarion Hotel & Convention Center, 815 Route 37 West, Toms River, NJ, 732-341-6101

Instruction for SAFIS eTrips/mobile (for use on tablets) will begin at 9:00 a.m. and conclude at 12:30 p.m. Instruction for eTrips Online (for use on desktop or laptop computers) will begin at 1:00 and conclude by 4:30. Each session will be preceded by a discussion of all options for reporting. In the event that demand for eTrips Online instruction is low, a second eTrips/mobile session may be added in the afternoon.

Registration

To register for one of the workshops, complete the registration form at  http://www.mafmc.org/forms/evtr-workshop-registration or email the workshop coordinator at aloftus@andrewloftus.com. There are a limited number of spaces available. Participants are strongly encouraged to register early so that workshop personnel can work with each individual prior to the workshop to establish needed accounts for reporting systems.

What to Bring

Participants should bring an electronic tablet or laptop capable of connecting to the internet via W-Fi. For the mobile-based version, participants will need either a Google account (for Android systems) or an iTunes account (for Apple systems) to download the eTrips/mobile app. This will allow you to work along with the instructors and be set up and ready to begin electronic reporting once you leave the workshop.

Please direct any questions to workshop coordinator Andrew Loftus, aloftus@andrewloftus.com, (410) 295-5997.

PDF version / Web Version

Rafael Faces New Allegations For Violations In Scallop Fishery

January 16, 2018 — A New Bedford fishing mogul known as “The Codfather” is facing new federal allegations for misreporting the amount of fish harvested by his fleet, this time in the scallop fishery.

“The Codfather,” or Carlos Rafael, is currently serving a 46-month prison sentence for falsifying groundfish quota, and for other offenses including tax evasion and bulk cash smuggling.

Now, the National Oceanic and Atmospheric Administration is alleging Rafael lied about how many scallops four of his vessels caught during fishing trips in 2013. NOAA is looking to revoke permits issued to those vessels and charge Rafael a penalty of  $843,528.

Peter Shelley, senior counsel at the Conservation Law Foundation, an environmental advocacy group, said these new allegations are critical.

“I think (these allegations) will be a strong enough deterrent that will really discourage people who might want to break the law from doing that, and it certainly will support the many fishermen in the fishery who obeyed the law that they’re not doing it for vain, that the agency will back them up,” Shelley said.

Read the full story at Rhode Island Public Radio

 

Why New England’s cod catch is at an all-time low

January 15, 2018 — PORTLAND, Maine — America’s catch of cod is at an all-time low, but the fishery might finally experience a rebound in the coming fishing year.

Atlantic cod were once the backbone of New England’s commercial fishing fleet, but catch has plummeted in the wake of overfishing and environmental changes. The 2016 catch, which is the most recent to be fully tabulated, was the lowest in recorded history, according to statistics from the National Oceanic and Atmospheric Administration.

But NOAA officials said there are some positive signs for the cod stock, and quotas are set to increase slightly this spring after years of heavy cutbacks. Fishermen seek cod in the Gulf of Maine and on Georges Bank, and both areas are scheduled for quota bumps on May 1.

“The quotas are so constraining that there’s not a lot of opportunity and interest in targeting cod,” said Ben Martens, executive director of the Maine Coast Fishermen’s Association. “But we’re headed in the right direction.”

The U.S. cod fishery, based mostly in Massachusetts and Maine, brought in more than 100 million pounds (45.4 million kilograms) of fish per year in the early 1980s and bottomed out at 3.2 million pounds (1.45 million kilograms) in 2016. Scientists have blamed factors including years of heavy harvest and warming oceans for the collapse of the stock.

Read the full story from the Associated Press at the Boston Globe

 

Cape Cod Times: A landmark fisheries plan

January 15, 2018 — For seafood lovers, there’s nothing better than a lightly battered scallop, freshly harvested from the North Atlantic, and dipped in simmering butter. And now that federal regulators have agreed to open an area east of Nantucket, closed since the 1990s, fishermen could catch as much as $218 million worth of scallops this year, and $313 million over three years. Expect those fried scallop plates to cost less this summer.

The reopening of the sea bed is just one of the many beneficial outcomes of a new fisheries management plan that was nearly 15 years in the making. The landmark set of regulations opens a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species. The plan uses science and the latest technology to decide which ocean areas are important for the critical life stages of fish and shellfish species and how to protect them.

Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating. Now, with a model that compares the sea bed with the impact of fishing, regulators can make decisions that will help restore and protect fish stocks. The new plan also sets aside research areas to investigate the link between habitat and fish productivity.

“We think these are groundbreaking regulations,” said John Bullard, NOAA’s outgoing regional administrator, who issued the regulations as one of his last acts on the job. “It puts the focus on the quality of the habitat protected — not the quantity, or how many square miles were protected.”

Cape fishermen are pleased with at least two elements of the plan. They cheered the closing of a large part of the Great South Channel that runs between the Cape and Georges Bank because it is essential habitat for spawning cod and other fish species. State and federal surveys have found that the region’s cod population has plummeted by about 80 percent over the past decade. Closing this area will now help ensure the continued survival of species like Atlantic cod, haddock, and flounder for years to come.

Read the full opinion piece at the Cape Cod Times

 

New Charges Against Carlos Rafael Include Count Against Sector IX, 12 Counts Misreporting Scallops

January 15, 2018 — SEAFOOD NEWS — The charging document released by NOAA revoking Carlos Rafael’s and Associated entities fishing permits contained a number of new allegations that were not part of the criminal trial.

One count was against sector IX, which applied to the entire sector, including Rafael’s vessels, was filing a false report of the volume of yellowtail flounder landed in the sector in 2011.  Through a special agreement, the statute of limitations on this alleged misreporting was waived by Rafael.

NOAA is seeking a $140,000 fine from all members of sector IX for this offense.

The other new charges all involve scallops during the 2013 fishing year.  12 of the counts are of falsely reporting the volume of scallops landed.

For example, on January 15, the vessel F/V Ilha Brava submitted a ‘broken trip’ report to NOAA, claiming the vessel only harvested 7,886 lbs of scallops on its trip.  In fact, the vessel landed 17,200 lbs.

The other eleven counts are similar.  Some include broken trip reports that were false.  Others include lying about the volume of scallops taken from a limited access area.

For example, September 13-18, the vessel F/V Acores reported it only caught 1851 lbs of scallops in a limited access area trip, when in fact it had caught 12,700 lbs.

Two counts involved vessels failing to transmit the position via the vessel monitoring system as required.

NOAA says that under Magnuson:

(1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 1857 of this title, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this chapter has acted in violation of section 1857 of this title… the Secretary may—

(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits…[or]

(iii) deny such permit.

This is the authority they are using to revoke 38 permits, including two scallop permits which were not part of the original criminal complaint.

The full charging document can be read here.

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

 

Pentony steps into NOAA’s top Atlantic post with much underway

January 15, 2018 — Michael Pentony, John Bullard’s successor as administrator of the National Oceanic and Atmospheric Administration’s (NOAA) Greater Atlantic region, is a “straight shooter,” who works toward “yes,” and has a lot of experience on fisheries management issues, sources tell Undercurrent News.

NOAA ended months of speculation on Thursday when it announced that Pentony, a long-time NOAA staffer and also a one-time member of the New England Fishery Management Council (NEFMC) staff, was its pick to lead all fishery policy making in the 100,000 square mile long region that stretches from the state of Maine to Cape Hatteras, in North Carolina, and the Great Lakes.

“Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job. He is going to hit the ground running,” assured Chris Oliver, director of NOAA Fisheries, in a statement announcing the decision.

Bullard announced his retirement back in July, ending a nearly six-year rein in the region’s top spot, which comes with an office in Gloucester, Massachusetts, and beginning the agency’s search for a replacement. He said at the time that he had a long list of chores to complete before he could finish, most of which he took on during a recent flurry of activity at the agency.

However, Bullard left quite a few big matters for Pentony to finish up.

Pentony, who is set to assume his new role on January 22, enters his new job at the end of an eventful period, including the prosecution and sentencing of the owner of New England’s largest fishing operation, Carlos Rafael.

Read the full story at Undercurrent News