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Rafael, potential buyer of fleet enter into Memorandum of Agreement

September 22, 2017 — NEW BEDFORD, Mass. — Carlos Rafael and a potential purchaser have entered into a Memorandum of Agreement regarding a sale of his vessels and accompanying permits that would remove the fishing mogul from the industry, according to court documents filed Wednesday.

Rafael’s sentencing memorandum reiterated the potential deal that was first publicly revealed in July. It also stated that NOAA and the U.S. Attorney’s Office haven’t taken a final position on the proposed sale and didn’t identify the buyer.

The Government’s Sentencing Memorandum, also filed on Wednesday, stated that the sale of Rafael’s entire fleet could be worth $70 million to $80 million to a local buyer.

On Monday, Rafael’s attorney’s filed an Opposition of Forfeiture, which stated a deal for 13 groundfish permits would be valued at $16.3 million. It made no reference, though, to the value of the entire fleet, but still suggested a deal would remove Rafael from the industry.

There are two prominent business in New Bedford that possess the means to inherit the permits: Whaling City Seafood Display Auction and Eastern Fisheries. Neither returned requests for comment.

It all stems from Rafael pleading guilty to falsifying fishing quota and smuggling cash in March. As part of the agreement, 13 vessels and the permits associated are subject of forfeiture.

Read the full story at the New Bedford Standard-Times

Fishing industry awaits Rafael outcome

Stakeholders weigh in on fate of Codfather’s permits, penalties

September 22, 2017 — The specter of Carlos Rafael, along with his legal baggage and trove of groundfish permits, continues to hang over the New England commercial fishing industry like a shroud that most stakeholders wish would just go away.

The sentencing of Rafael, the New Bedford fishing magnate known as “The Codfather” for his expansive vessel and groundfish permit holdings, is set to begin Monday in U.S. District Court in Boston on charges of conspiracy, lying to federal fishing regulators about the nature and size of his groundfish landings and bulk smuggling.

“We can’t wait for this to be resolved,” said Maggie Raymond of the Associated Fisheries of Maine.

The sentencing of the 65-year-old Rafael, who pleaded guilty in March as part of a plea deal with federal prosecutors, won’t end the contretemps. Not by a long shot.

While everyone seems to agree that Rafael should feel the full wrath of the law for his admitted misdeeds — he faces up to 76 months in prison, restitution of $109,000 to the IRS and the seizure of at least the 13 groundfishing vessels used in his scam — full resolution only will come when NOAA Fisheries decides the final fate of his 42 groundfishing permits.

There is no shortage of opinions of what NOAA should do.

Read the full story at the Gloucester Times

New Method to Estimate Abundance/Detect Trends in North Atlantic Right Whales Confirms Recent Population Decline

Study confirms need for urgent action

September 22, 2017 — NOAA Fisheries researchers and colleagues at the New England Aquarium have developed a new model to improve estimates of abundance and population trends of endangered North Atlantic right whales, which have declined in numbers and productivity in recent years.  The findings were published in the journal Ecology and Evolution.

Between 1990 and 2010, the abundance of North Atlantic right whales increased just under three percent per year, from about 270 animals in 1990 to 482 in 2010. After relatively steady increases over that time, abundance has declined each year since 2010 to 458 animals in 2015.  The analysis shows that the probability that the population has declined since 2010 is estimated at 99.99 percent. Of particular concern is decline of adult females in the population, estimated at 200 in 2010 but 186 in 2015, the known deaths of 14 North Atlantic right whales this year, and the widening gap between numbers of males and females.

“Although our work directly reveals a relatively small decrease, the subtext is that this species is presently in dire straits,” said lead author Richard Pace.

Read the full story at the Northeast Fisheries Science Center

NOAA Shipyard Update: NEFSC Fall Research Cruises Will Continue

September 22, 2017 — The following was released by NOAA Fisheries:

The annual NEFSC Fall Bottom Trawl Survey will be conducted on the NOAA Ship Pisces, which is a fishery survey research vessel similar to the Bigelow. Only Georges Bank and Gulf of Maine will be surveyed. The two most southerly areas, the Mid-Atlantic and Southern New England have been dropped.

If all goes smoothly in preparing the Pisces to support the survey, October 16 is the target start date carrying on through November 20.

Fishing gear will be moved from the Bigelow onto the Pisces, and some devices will be installed for monitoring trawl performance while the gear is fishing. Supplies and equipment needed for the survey are already aboard the Bigelow, and will be transferred to the Pisces. The modifications to Pisces are underway.

In a typical year, the Fall Bottom Trawl Survey occupies an average of 377 stations across the Northeast Continental Shelf from the Cape Hatteras to the northern Gulf of Maine in four segments, or legs. Each leg covers a different area beginning in the south and ending in the north.

The number of stations in the Georges Bank and Gulf of Maine survey areas will be similar to past years. Fewer data will be collected at each station because Pisces has less fish handling capacity than the Bigelow. However, samples critical for stock assessments will be collected, including lengths, weights, and hard parts used for aging fish (usually scales and ear bones). Two other NEFSC research cruises planned for this fall were also delayed by the Bigelow repair, and will be conducted on other ships.

The first leg of the Fall Ecosystem Monitoring cruise has been moved to the NOAA Ship Gordon Gunter, an oceanographic research vessel. This cruise collects oceanographic data and plankton samples and has been conducted from the Gunter in the past. There is no firm plan for Leg 2 of this cruise, but the Bigelow is an option if it is ready as scheduled. A beaked whale sighting survey was moved onto a chartered vessel, the R/V Sharp, operated by the University of Delaware, and has been completed with fewer objectives than originally planned.

Meanwhile, repairs continue on schedule for the NOAA Ship Henry Bigelow. The ship is expected back in service in early November 2017.

Read this update on the Northeast Fisheries Science Center website.

Commerce chief Ross makes waves, roils fisheries rules

September 21, 2017 — Commerce Secretary Wilbur Ross has wasted little time in giving a jolt to the nation’s fisheries.

In June, the 79-year-old billionaire investor who now oversees NOAA Fisheries singlehandedly extended the fishing season for red snapper in the Gulf of Mexico, ignoring protests from scientists and environmentalists that it could spur overfishing of the popular species.

Then in an unprecedented decision in July, he handed a big win to New Jersey fishermen and the state’s Republican governor, Chris Christie, by overturning catch limits for summer flounder that had been approved by an interstate fisheries commission.

While Ross wants more fishing and more seafood exports, critics say his early moves have smacked of meddling and favoritism and will ultimately sabotage hard-won conservation gains.

And many fear that states and fishing groups will directly seek political relief instead of following NOAA procedures and adhering to fishing quotas set by government experts and scientists.

“It just really seems that it’s kind of setting a bad precedent,” said Trey Blackiston, a former commercial fisherman from Chestertown, Md.

Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations, said he’s still waiting for Ross to sign an emergency declaration for California crabbers and salmon fishermen. But he’s worried about the signals from Washington.

“We’re asking maybe the wrong questions, right?” Oppenheim said. “If the Trump administration is finding it easier to disrupt the status quo than to follow the normal procedures to get this done, we don’t want any part of that. We’re sort of sitting on the West Coast with one of the best fishery management council processes in place … watching the country crumble and wondering what the hell’s going on. But I’m not inclined to seek political favors.”

Read the full story at E&E News

NOAA Awards $1.7M For Harmful Algal Bloom Research To Protect Public Health From Toxins In Shellfish

Multi-year awards to focus on bloom prevention in seven states

September 20, 2017 — NOAA has announced nine research grants will go to organizations around the country seeking to better understand and measure the toxicity of harmful algal blooms, known as HABs.

In the first year, $1.68M will fund research for projects in Alaska, California, Florida, Maine, Maryland, Ohio and Virginia. The grants are administered by NOAA’s National Centers for Coastal Ocean Science.

NOAA funding enhances state and regional monitoring with advanced harmful algae detection capabilities, including shellfish toxin tests. (Credit: Washington State Department of Ecology Marine Monitoring Unit)

Grant recipients will conduct research to identify conditions that increase a bloom’s toxicity; model toxin movement from the water into shellfish, fish and marine mammals; and improve toxin monitoring and forecasts. The dense scum, strong odors and toxins produced by HABs can contaminate drinking water, trigger fisheries closures and disrupt tourism.

Read the full story at Water Online

NORTH CAROLINA: Federation Nets Grant for Oyster Restoration

September 20, 2017 — The North Carolina Coastal Federation has received $1.088 million in funding from the National Oceanic and Atmospheric Administration to continue its oyster restoration work in Pamlico Sound. Construction on the second phase of the project is slated to begin in January.

This is the second year the federation has received funding from NOAA’s Community-based Restoration Program for its oyster restoration work. Last year, it was awarded a $1.275 million grant. By the end of the three-year period, the federation could receive up to $3.8 million for oyster reef construction. This funding supports the federation’s goal to build 50 acres of oyster reef statewide through its 50 Million Oyster Initiative.

Matching state budget appropriations from the North Carolina General Assembly have helped the federation receive this federal grant funding in 2016 and 2017. When combined with existing state funding, the budget provides $1.3 million to continue work on the Sen. Jean Preston Oyster Sanctuary Network.

Read the full story at Coastal Review Online

Mid-Atlantic For-Hire Vessel Permitting and Reporting

September 18, 2017 — The following was released by the Mid-Atlantic Fishery Management Council:

The Mid-Atlantic Fishery Management Council has received questions about for-hire (party/charter) vessel permitting and reporting requirements. For-hire vessels need permits from the NMFS Greater Atlantic Regional Fisheries Office if they fish for/retain the following Mid-Atlantic Council-managed species in these federal waters areas:

Species Area (federal waters, i.e. beyond 3 nautical miles)
Summer Flounder North Carolina/South Carolina Border and North
Scup* North of Cape Hatteras, NC
Black Sea Bass* North of Cape Hatteras, NC
Atlantic Mackerel Atlantic Coast
Longfin or Illex Squid Atlantic Coast
Atlantic Butterfish Atlantic Coast
Bluefish Atlantic Coast
Tilefish* Virginia/North Carolina Border and North
*Scup and black sea bass south of Cape Hatteras, NC and tilefish south of Virginia require a for-hire snapper grouper permit issued by the NMFS SE Regional Office

Once you have one or more of these permits, it doesn’t matter where you fish or what you’re fishing for – you must submit Vessel Trip Reports (VTRs) for ALL fishing-related trips on that vessel, including reporting ALL fish kept or discarded (not just fish you have permits for). VTRs can currently be submitted either with paper forms or by electronic VTR applications/software. However, beginning March 12, 2018, all for-hire VTRs (not commercial) for permits associated with the Mid-Atlantic Council will need to be submitted electronically within 48 hours of ending each trip (reporting all trips and all fish). For more information about VTR reporting call NMFS at 978-281-9246 or visit this page on the GARFO website.

Species encountered off the Mid-Atlantic that require other for-hire federal permits to fish for/retain include, but may not be limited to, New England groundfish, tunas, billfish, sharks, king mackerel, Spanish mackerel, cobia, dolphin, wahoo, and snapper/groupers. Some of these species may have associated reporting requirements now or in the near future. It is the responsibility of the vessel owner or operator to know what permits and reporting are required based on the vessel’s location and species targeted.  Please consult your state agency and the following federal agencies about other necessary permits and reporting requirements:

  • NMFS GARFO Permit Office
  • NMFS VTR webpage
  • NMFS Highly Migratory Species Division
  • NMFS Southeast Regional Office

Feds reviewing status of New England’s endangered salmon

September 18, 2017 — PORTLAND, Maine — The federal government is starting a five-year review of the Gulf of Maine’s population of Atlantic salmon, which are listed as endangered under the Endangered Species Act.

Atlantic salmon were once plentiful off New England, but dams, loss of habitat, pollution and overfishing dramatically reduced the population. The National Marine Fisheries Service says it is reviewing the health of the stock to get more updated information on its current status.

The fisheries service says the review will be based on scientific and commercial data.

Read the full story from the Associated Press at NH1

New England senators say Congress should save Sea Grant program

September 18, 2017 — PORTLAND, Maine (AP) — Maine’s U.S. senators are signing on to a request to keep the National Sea Grant College Program funded at least at its current level.

President Donald Trump has proposed to eliminate the program, which funds science that’s beneficial to commercial fisheries, conservation and coastal businesses. It has existed for about a half century.

Read the full story from the Associated Press at NH1

 

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