Saving Seafood

Sen. Elizabeth Warren: Keep Carlos Rafael Permits in New Bedford

WASHINGTON (Saving Seafood) — October 5, 2017 — In a letter obtained by Saving Seafood this week, Massachusetts Senator Elizabeth Warren urged NOAA “to do everything possible to ensure that [fishing permits belonging to Carlos Rafael] stay in the Port of New Bedford.”

Writing to Chris Oliver, NOAA’s Assistant Administrator for Fisheries, Senator Warren wrote “those permits cover a substantial proportion of several important fishing allocations in the area, including of Georges Bank yellowtail flounder, Georges Bank cod, Georges Bank winter flounder, Georges Bank haddock, and southern New England Winter Flounder. Mr. Rafael’s business accounts directly for three quarters of the value of New Bedford’ s groundfish, which are necessary to diversify the Port’s fishing industry…”

“Removing Mr. Rafael’s permits from New Bedford would do needless, immense damage not only to hundreds of responsible, law-abiding New Bedford fishermen, but also to the economy of New Bedford at large. That is why New Bedford Mayor Jon Mitchell and the New Bedford City Council, as well as the Greater Southeastern Massachusetts Labor Council, have urged federal officials to, if possible, reissue Mr. Rafael’s permits in a manner that retains these important jobs in the community.”

Read the letter here

Several other elected officials in New England have also written letters regarding the future of Mr. Rafael’s permits. Some of those letters are included below.

Read the letter from Mass. Gov. Charlie Baker to NOAA

Read the letter from New Bedford Mayor Jon Mitchell to NOAA

Read the letter from R.I. Gov. Gina Raimondo to Judge William Young

Read the letter from members of Maine’s Congressional delegation to the Commerce Department

Oregon, California senators step up pressure on Trump administration to approve salmon emergency cash

October 5, 2017 — Oregon and California’s four senators, all Democrats, stepped up the pressure on the Trump administration Wednesday to approve disaster assistance for salmon fishermen along 200 miles of coastline.

In April, the Pacific Fishery Management Council, which manages coastal salmon seasons, recommended closing coastal and commercial salmon fishing entirely along an area equal to roughly half of Oregon’s coastline. Govs. Kate Brown of Oregon and Jerry Brown of California requested emergency funding relief in May, to no avail.

The fall chinook fun on the Klamath is the biggest and is important for recreational and tribal fisherman as well as commercial fisheries. The Yurok tribe, which has preference along the waterway, also had its allocation severely curtailed this year, to roughly 650 fish. Management officials estimated returning salmon to be roughly 12,000.

Oregon has had success in securing emergency assistance for salmon fishery disasters under both Republican and Democratic administrations. Emergency funds were approved in 2006, 2008, 2009 and 2010.

Oregon Sens. Ron Wyden and Jeff Merkley, and their California counterparts, Sens. Diane Feinstein and Kamala Harris, sent a letter Wednesday to the National Oceanic and Atmospheric Administration’s fisheries division urging action before the end of 2017.

Read the full story at The Oregonian

High court declines to hear fishing monitor case

Fisherman: Justices ruled on technicalities, not merits

October 3, 2017 — The U.S. Supreme Court on Monday declined to hear New Hampshire fisherman David Goethel’s case that challenged the federal government’s ability to force commercial fishermen to pay the costs of at-sea monitoring.

The rejection by the Supreme Court is the third defeat suffered by Goethel and co-plaintiff South Dartmouth-based Northeast Fishing Sector XIII since they first sued NOAA Fisheries and other federal officials in December 2015 in U.S. District Court in New Hampshire.

The court’s rejection closes the door on this particular legal challenge of the government’s right to impose the cost of at-sea monitoring on commercial fishermen, as the Supreme Court also declined to remand the case back to a lower court.

“The Supreme Court was our last judicial hope to save the centuries-old New England industry,” Goethel said in a statement.

Later, in an interview, Goethel let loose against what he said is the “stacked deck” of standing up to regulators, as well as his frustration with the justice system.

“We had three chances and not once was our case decided on the merits,” Goethel said. “I’m bitterly disappointed with the government and I’m bitterly disappointed with the justice system. At each step of the way, our fate was decided by a technicality without ever having a hearing on the merits of the case.”

Read the full story at the Gloucester Times

A Cheerful Story About Environmental Conservation

October 3, 2017 — October is National Seafood Month, and I have a surprise for you. It’s a cheerful story about environmental conservation. I’m serious. Don’t roll your eyes in disbelief and click away to Facebook right now; stay with me. I know the headlines about the environment have been dire recently, particularly when it comes to seafood. But when I learned the story of West Coast groundfish, a true story about people with diverse perspectives banding together and taking action — and the action worked! — I was floored. And moved, because this could become a model of success for fisheries across the globe.

First, a deep dive

In late 1999, West Coast groundfish fishermen were seeing landings plummet drastically, from a 20-year average of about 74,000 tons annually to an estimated 27,000 tons for the year 2000. At the time, the cause of the crash was deemed “undetermined, but probably natural, causes,” but stock assessments between 1999 and 2002 determined that overfishing (fish being caught faster than they could breed) played a part in the crash. The Pacific Fishery Management Council and National Oceanic and Atmospheric Association (NOAA) declared 10 species of West Coast groundfish overfished. The environment had suffered as well, with seafloor habitats damaged by certain types of fishing gear.

Groundfish get grounded

When a stock is deemed overfished, the Magnuson-Stevens Fishery Conservation and Management Act requires regulators to develop a plan to rebuild the stock in as short a time as possible, while balancing and incorporating the needs of the fishing community.

Historically, fisherfolk and government regulators have had contentious relationships. Complex regulations can make the hard day-to-day work of fishing even harder. And then there are the environmentalists, who frequently have contentious relationships with both parties. But in the face of the West Coast groundfish disaster, something unprecedented occurred: fishermen, regulators, and conservationists sat down and worked together to save West Coast groundfish.

It wasn’t easy, especially for the fishermen. A management plan was put into place that included individual fishing quotas (IFQs) or “catch shares,” which meant that they had to accept drastic cutbacks on the number of fish they could catch, even species that weren’t overfished because of the possibility of bycatch, or catching a non-targeted species while catching a targeted species. The management plan also included area restrictions, seasonal closures, gear restrictions, and a mandate that a federal observer be on every fishing trip to monitor bycatch.

Read the full story at HuffPost

ALASKA: NOAA proposes compensated reallocation program between halibut commercial and charter sectors

October 3, 2017 — NOAA Fisheries is proposing to authorize formation of a recreational quota entity (RQE), which could purchase and hold commercial halibut quota shares for use by charter anglers in International Pacific Halibut Commission (IPHC) regulatory Areas 2C (Southeast Alaska) and 3A (Southcentral Alaska).

The proposed regulatory amendment would allow one non-profit RQE to obtain a limited amount of commercial halibut quota shares under a willing buyer-willing seller model. The harvest pounds associated with the quota shares would become recreational fishing quota (RFQ) that could be used to augment the amount of halibut available for harvest in the charter halibut fishery annually under the halibut catch sharing plan.

In recent years, restrictions on charter anglers have become more stringent as halibut abundance has dropped and catch limits have been reduced. Typical restrictions include daily and annual limits on the number of fish retained, fish size limits, and closures on specific days of the week.

If the RQE obtains enough quota share, restrictions on halibut size and bag limits could be relaxed for charter anglers in years of low abundance, up to a point where charter anglers could potentially retain up to the daily limit for unguided anglers-currently two fish of any size per day.

Read the full story at Alaska Native News

Fish council to NOAA: Punish Rafael’s sector

October 2, 2017 — The New England Fishery Management Council wrapped up its three days of meetings in Gloucester last week, but not without sending a message to NOAA Fisheries that it’s time to consider possible enforcement actions against the New Bedford fishing sector that allowed Carlos Rafael to operate illegally over a four-year period.

The council voted 13-1, with two abstentions, on Wednesday to request NOAA’s Greater Atlantic Regional Fisheries Office immediately enforce sector regulations governing Northeast Fishing Sector IX’s operation plan. The sector, according to members supporting the motion, failed in its responsibility to ensure Rafael and other members played by the catch-share rules.

The question is how to get the sector to compensate the fishery for the more than 780,000 pounds of illegally landed or labeled fish that went misreported or unreported by Rafael. One suggestion was the sector be forced to buy additional quota commensurate with the overages, assuming enough quota exists for the species in question.

Read the full column at the Gloucester Times

Louisiana gets involved in federal red snapper lawsuit

October 2, 2017 — A federal court has ruled that the US state of Louisiana can intervene in a lawsuit on the federal government’s behalf as environmental groups seek the scrapping of a rule benefitting recreational red snapper fishers.

Two advocacy groups — New York City’s Environmental Defense Fund (EDF) and Washington D.C.’s Ocean Conservancy — had sued the federal government in August alleging that the way the National Oceanic Atmospheric Administration (NOAA) managed the red snapper fishery violated federal law.

The challenge, the fourth of its kind in recent years, argued that a NOAA temporary rule extending chronically short recreational red snapper seasons for recreational fishers  — from three days to 42 — violated the fishery’s management plan.

The suit wants the temporary rule set aside as the action could greatly diminish red snapper populations, the groups claim.

Read the full story at Undercurrent News

Federal Managers Continue to Address Snapper Grouper Management

Council Votes to Allow for Red Snapper Seasons in 2017 and 2018

October 2, 2017 — CHARLESTON, S.C. — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council began their week-long September Meeting with a Full Council Session to discuss red snapper management in the South Atlantic. The Council voted to request a 2017 Red Snapper Emergency Action, which would allow for recreational and commercial harvest this year. The request was sent to NOAA Fisheries and then on to the Secretary of Commerce. A decision is expected in the coming weeks and will be announced by NOAA Fisheries. For more details about the 2017 Emergency Action request, please refer to the Council’s earlier news release from September 25 and see the Council’s Story Map:

https://www.arcgis.com/apps/MapJournal/index.html?appid=8928fd890b6841949238a2390ef0b27c.

In addition to the 2017 Emergency Action request for red snapper, the Council continued to move forward with changes to red snapper management for 2018 with the approval of Snapper Grouper Regulatory Amendment 43 for formal review by the Secretary of Commerce. The amendment follows the same actions outlined in the 2017 Emergency Action request, setting a total annual catch limit of 42,510 fish to be harvested in 2018. If approved, the amendment is expected to go into effect in the summer of 2018 with the recreational fishery opening the second Friday in July (July 13, 2018) and the commercial fishery opening the second Monday in July (July 9, 2018).

Vision Blueprint Recreational Amendment

The Council continued development of Vision Blueprint Recreational Regulatory Amendment 26, an amendment born from stakeholder guidance during the Council’s visioning process and workshops. After much discussion, the Council agreed on restructuring the approach to the amendment to reflect how the fishery currently operates, consider predictable seasons, and simplify regulations. Under this new approach, the recreational aggregates would be divided into three groups – deep-water species; shallow-water groupers; and other shallow-water species. Alternatives include options for modifications to bag limits, seasons for deep-water species and shallow-water groupers, and size limits for deep-water species and triggerfish that would help streamline the regulations for anglers, law enforcement, and managers. Council provided further guidance to staff and development of the amendment will continue at the December Council Meeting.

Atlantic Cobia Management

Discussion on the future of cobia management in the South Atlantic continued this week through the development of Coastal Migratory Pelagics (CMP) Amendment 31. The Atlantic States Marine Fisheries Commission (ASMFC) is currently holding public hearings to gather input from stakeholders about the Draft Fishery Management Plan for Atlantic Migratory Group Cobia (GA-NY), a plan that complements federal regulations already in effect in the South Atlantic. Since drafting this plan, ASMFC has requested that the Council consider removing Atlantic Migratory Group Cobia from the federal Fishery Management Plan and transferring total management jurisdiction to the ASMFC. Fishermen from all corners of the region have expressed concerns about the current recreational cobia closure in federal waters. To address public concerns, the Council began work on CMP Amendment 31, which proposes alternatives for a total transfer of jurisdiction or complementary management with ASMFC. The Council approved the alternatives in the document for further development and will continue to discuss the federal role in cobia management at the December meeting in Atlantic Beach, North Carolina.

Magnuson-Stevens Act Revision Discussion

The Council reviewed and approved modifications to the Council Coordinating Committee Working Paper that outlines the views of all 8 Councils on issues related to MSA Reauthorization. Impacts of various MSA-related senate and house bills were also reviewed. Topics include rebuilding timelines, annual catch limits, experimental fishing permits, recreational/commercial data needs, and many others. The Council expressed support for exploring ways to obtain more flexibility in managing recreational fisheries.

Election of New Chair and Vice Chair

During the full Council session on Thursday, Council members, staff, and audience members applauded Dr. Michelle Duval’s time as Chair of the South Atlantic Council. Dr. Duval, as noted by her peers, has proven to be a dedicated and driven leader. Council members and staff remain grateful that she will continue to offer her profound guidance and support as North Carolina’s state agency representative. Vice-Chair Charlie Phillips, the commercial representative from Georgia, was elected as the new Chair and South Carolina’s recreational representative, Mark Brown, will serve as the Vice-Chair. Chair Charlie Phillips expressed his gratitude and said, “I look forward to keeping the Council on track and to following up on the needs of stakeholders. Considering we have such great Council members and staff, there is no reason we cannot do that.” The Council is pleased to have these two career fishermen at the helm and looks forward to their leadership in the coming years.

The next meeting of the South Atlantic Fishery Management Council will be held December 4-8, 2017 in Atlantic Beach, North Carolina. Additional information about this week’s meeting, including an interactive story map, meeting report and summary reports from each committee are available from the Council’s website at: http://safmc.net/safmc-meetings/council-meetings/. 

Retiring NOAA exec has impossible to-do list: whale deaths, Rafael decision, more

September 29, 2017 — GLOUCESTER, Mass. — John Bullard knows he has a daunting list of tasks to complete before he walks away, in about three months, from his position as the National Oceanic and Atmospheric Administration’s (NOAA’s) top decision maker for the northeastern part of the US.

It’s urgent for NOAA to determine why so many right whales have recently died, take action to protect scallop populations in the northern Gulf of Maine and advance the Omnibus Habitat Amendment, a six-volume document that’s been in the works for 10 years and would address essential fish habitat as well as permanent and seasonal closed areas, he believes. But that’s just a few of the jobs he told Undercurrent News he wants to see to completion before leaving.

The announcement, made in July, that Bullard will retire as the administrator of NOAA Fisheries’ Greater Atlantic Region on Jan. 5 puts a cap on a recent five-year stint at the agency, which he told Undercurrent during a break at the New England Fishery Management Council meeting, is three years longer than he said he told his wife he would stay in the job. He said he has not yet decided what he will spend his time on after that.

“I’m retiring,” he reiterated when pressed. “I’m retiring.”

Neither will NOAA, which advertised Bullard’s job for a month starting on Aug. 7, say how many candidates it’s now considering to fill his post or suggest when a successor might be named. It’s the agency’s policy to “not comment on ongoing hiring actions,” a spokesperson said.

Whoever is awarded the position – one of five regional leadership positions for NOAA — will have the daunting job of working with the fishery councils to manage 44 fish stocks, including two in New England (scallops and lobster) that are worth more than $500 million per year each, according to the agency.

Read the full story at Undercurrent News

Researchers want to know why beluga whales haven’t recovered

September 29, 2017 — ANCHORAGE, Alaska — New research aims to find out why highly endangered beluga whales in Alaska’s Cook Inlet have failed to recover despite protective measures.

The National Oceanic and Atmospheric Administration has awarded more than $1.3 million to the state for three years of research involving the white whales.

“While we know what we believe caused the initial decline, we’re not sure what’s causing the population to remain suppressed,” said Mandy Keogh, a wildlife physiologist with the Alaska Department of Fish and Game.

A population of 1,300 belugas dwindled steadily through the 1980s and early ‘90s.

The decline accelerated when Alaska Natives harvested nearly half the remaining 650 whales between 1994 and 1998. Subsistence hunting ended in 1999 but the population remains at only about 340 animals.

Cook Inlet belugas are one of five beluga populations in U.S. waters. Cook Inlet, named for British explorer Capt. James Cook, stretches 180 miles (290 kilometers) from Anchorage to the Gulf of Alaska.

Read the full story from the Associated Press at the Washington Post