Saving Seafood

Stock assessment meeting erupts into lively talk between NOAA, fishermen

August 17, 2017 — NEW BEDFORD, Mass. — Diagrams, life-like statues and pictures fill the New Bedford Fishing Heritage Center to depict the history and future of the industry.

NOAA scientists and local fishermen filled the small building on Bethel Street on Wednesday night to discuss future stock assessments. The meeting, though, told another aspect in the story of the Port of New Bedford: the decades old tension that continues to exist between the groups.

“We all have to pull in the same direction,” Executive Director of New Bedford Seafood Consulting Jim Kendall said.

Instead a powerpoint presentation listing stock limits led to a discussion, which evolved into an argument and ended with two fishermen abruptly leaving. Russ Brown, director of the Population Dynamics Branch of NOAA, ended his presentation to meet with the fishermen outside. They spoke outside for 20 minutes before parting ways with a semblance of mutual respect.

“What we need to do is find common themes,” Brown said. “I’m a scientist. We want to find common themes within the science where we have questions and the industry has questions, and we can basically collaborate and pull in the same direction.”

Most of the discussion revolved around the methods in which NOAA is acquiring its data. Fishermen in attendance questioned the methods used by scientists to count groundfish. They also pointed out that years to correct a data point is too much time for an industry that continues to shrink.

“We understand that the management is affecting people and is having some serious consequences for our stakeholders who are depending on the resources,” Brown said. “We care about that, and we want to make sure the science is as accurate as it can be.”

Read the full story at the New Bedford Standard-Times

 

NOAA Endorses Eating Small Haddock — But What About Cod?

August 17, 2017 — SEAFOOD NEWS — The National Oceanic and Atmospheric Administration (NOAA) are giving their stamp of approval to eat small haddock.

In the July issue of the NOAA Fisheries Navigator, the government agency reports that smaller haddock does not necessarily mean an unhealthy stock. Looking at stats dating back to 1995, the size of the fish has been decreasing — but the population has been growing.

This trend is something that the organization has seen in the past. “A decline in the average size of Georges Bank haddock also happened in the mid-1960s when a larger number of haddock were born in 1963 and grew into the population,” the report reads. And according to their research, the size of the stock is large simply because the fish are “generally able to spawn before being harvested.” Data collected from Georges Bank haddock in 2015 revealed that 90% of the fish mature at age three. Commercial minimum size is 16 inches, which is generally a two to five year old fish. That means that most fish are able to spawn once or twice before being caught.

But the endorsement from NOAA still comes as a surprise to some. As Navigator magazine editor Kerry Hann notes in the September 2017 issue, the thumbs up to eat small haddock is a “somewhat peculiar statement from the U.S.-based organization tasked with providing science-based conservation and management for sustainable fisheries and aquaculture, marine mammals, endangered species and their habitats.”

For Hann, it all goes back to 1992 when the cod industry was faced with a similar situation.

“Fewer larger, spawning-aged fish were being caught, leaving the dwindling cod populations made up of primarily small, juvenile fish,” Hann writes. “Many at the time concluded that a healthy cod population could not be made up of only small fish.”

So, what about cod today? That’s an upcoming discussion for “Cod — Building the Fishery of the Future,” a conference being held by the Canadian Centre for Fisheries Innovation in November.

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

Sturgeon get a double boost in the Chesapeake Bay

August 17, 2017 — The endangered Atlantic sturgeon just got a double boost in Virginia as NOAA awarded federal funds to continue restoration efforts here and also designated the Chesapeake Bay “critical habitat” for the species.

The National Oceanic and Atmospheric Administration is giving the Virginia Department of Game and Inland Fisheries $378,666 for fiscal year 2018 to locate and characterize key sturgeon habitat within the bay’s river systems.

The award follows nearly $357,000 in FY2016 and more than $365,000 in FY2017 in what’s known as species recovery grants for Atlantic sturgeon.

And it’s part of $5.8 million in grants just awarded for endangered or threatened species in the greater Atlantic, from shellfish to whales.

“Helping these species recover means bringing partners to the table to tackle critical conservation challenges at the local level,” said Donna Wieting, director of the NOAA Fisheries Office of Protected Resources, in a statement.

Read the full story at the Daily Press

NOAA Fisheries Designates Critical Habitat for Atlantic Sturgeon

August 16, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries today designated critical habitat for Atlantic sturgeon–an important step to ensuring their recovery.

The critical habitat designation will require federal agencies to consult NOAA Fisheries if they operate or fund activities that may affect designated critical habitat in more than 3,968 miles of important coastal river habitat from Maine to Florida. Atlantic sturgeon was listed under the Endangered Species Act in 2012 and is comprised of the threatened Gulf of Maine distinct population segment and the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic distinct population segments.

The ESA requires that NOAA Fisheries designate critical habitat when a species is listed as threatened or endangered. Under the ESA, critical habitat is defined as specific areas within the geographical areas that are occupied by the species, that contain physical or biological features essential to the conservation of that species, and that may require special management considerations.

The designation of critical habitat does not include any new restrictions or management measures for recreational or commercial fishing operations, nor does it create any preserves or refuges. Instead, when a federal agency funds, authorizes, or carries out activities that may affect critical habitat, it must work with NOAA Fisheries to avoid or minimize potential impacts to critical habitat. The activity of the federal agency may need to be modified to avoid destroying or adversely modifying the critical habitat.

“We look forward to working with our federal partners to reduce potential impacts to Atlantic sturgeon critical habitat,” said Samuel D. Rauch III, deputy assistant administrator for regulatory programs at NOAA Fisheries. “Our focus now will be on providing guidance to federal agencies to help them carry out their actions efficiently and effectively while minimizing impacts to habitat that is critical to these endangered and threatened populations of sturgeon.”

Atlantic sturgeon are anadromous and use coastal and estuarine waters throughout their lives, and travel to rivers to spawn or lay their eggs. Unlike some anadromous fish, sturgeon do not die after spawning and will return to spawn multiple times. They can grow up to 14 feet long, weigh up to 800 pounds, and live up to 60 years.

Historically, Atlantic sturgeon inhabited approximately 38 rivers in the United States spanning from Maine to Florida. Scientists identified 35 of those as spawning rivers. Atlantic sturgeon can now be found in approximately 32 of these rivers, and spawn in at least 20 of them. Critical habitat areas in coastal rivers were identified based on physical and biological features, such as soil type in the river bed, water temperature and salinity, and underwater vegetation, that are essential to the conservation of Atlantic sturgeon, particularly for spawning and development.

Atlantic sturgeon were harvested heavily in the twentieth century, particularly for their eggs (or roe) used for caviar. Overfishing led to a decline in abundance of Atlantic sturgeon, and in 1998 the Atlantic States Marine Fisheries Commission issued a coast-wide moratorium on the harvest of Atlantic sturgeon, and NOAA Fisheries followed with a similar moratorium in federal waters.

More information on the critical habitat designation is available in the Federal Register notice and on our website.

MASSACHUSETTS: Marbleheader cleared in alleged fish smuggling plot

August 15, 2017 –A Marblehead businessman is asking the federal government to pay his attorney’s fees after being cleared of what he described as “being framed” by the U.S. Department of Justice.

Robert Kliss and his company North Atlantic Traders Ltd. was indicted in April, after a nearly five-year investigation. He was charged with smuggling, falsifying records and conspiracy.

In July, it took a jury only about an hour to clear him of all charges.

“This is a case the government never should have brought,” said Kliss’s Attorney Barry Pollack.

“I would have to say it was probably the most stressful thing I’ve very gone through,” Kliss said. “More so than an IRS audit and I’ve been through three.”

The Motion

In his motion for an award of attorney’s fees, which was filed in U.S. District Court Aug. 9, Pollack lays out all the ways the government’s case went wrong, including pressuring witnesses to, in some cases, exaggerate testimony and in one case invoke the Fifth Amendment.

Three cooperating witnesses pled guilty to a misdemeanor, “as the result of a hybrid charge and fact bargaining,” Pollack stated in his motion. “The government paid substantial consideration, in that respect, to each witness while pressuring him to provide testimony against Kliss.”

One of the most damning pieces of evidence against the government’s case however was when Agent Shawn Eusebio testified that during the more than four-year active investigation, no one on the government’s team realized Kliss wasn’t even in the country during the time he was alleged to have created and filed false documents in Massachusetts. Kliss had been in British Columbia with his son.

“My evidence was my stamped passport along with my son’s,” Kliss said. “That’s how bad the investigators and (prosecuting) attorneys are.”

Read the full story at the Marblehead Reporter

Read a statement from Stephen Ouellette, an attorney for North Atlantic Traders, here

 

 

Request for Information: NOAA Fisheries Announces River Herring Status Review

August 15, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries is initiating a new status review of alewife and blueback herring. In a status review, we evaluate the best scientific and commercial data available on the current status of the species. We use these reviews to determine whether listing under the Endangered Species Act is warranted.

Through this announcement, we are requesting submission of information on alewife and blueback herring rangewide, including any information on the status, threats, and recovery of the species that has become available since the previous listing determinations in 2013.

Please submit your information by October 16, 2017, either through the e-Rulemaking portal or by mail to:

Tara Trinko Lake

NOAA Fisheries Greater Atlantic Region

55 Great Republic Drive

Gloucester, MA 01930

NOAA Announces 2018 Saltonstall-Kennedy Grant Program Federal Funding Opportunity

August 15, 2017 — The following was released by NOAA:

NOAA Fisheries is pleased to announce that the 2018 Saltonstall-Kennedy Grant competition is currently open.

This year’s solicitation consists of two separate submission processes. All interested applicants must submit a two-page pre-proposal to the Federal Funding Opportunity posted at Grants.gov.

Pre-proposals are due by October 10, 2017. 

Applicants interested in submitting a full application after the pre-proposal review process must submit the full application by January 8, 2018.

The goal of the SK program is to fund projects that address the needs of fishing communities, optimize economic benefits by building and maintaining sustainable fisheries, and increase other opportunities to keep working waterfronts viable. The FY18 solicitation seeks applications that fall into one of four priorities:

  • Marine Aquaculture
  • Adapting to Environmental Changes and Other Long Term Impacts in Marine Ecosystem
  • Promotion, Development, and Marketing
  • Territorial Science

Please visit the Greater Atlantic Regional Fisheries Office’s SK Program web page for more specific application information.

Questions? Contact Daniel Namur at dan.namur@noaa.gov, or Susan Olsen at Susan.Olsen@noaa.gov.

 

North Atlantic Traders Acquitted on Smuggling and Conspiracy Charges in Less than One Hour of Jury Deliberation

August 15, 2017 — BOSTON — The following was released by Stephen Ouellette, attorney for North Atlantic Traders:

A 12-person federal jury acquitted federal tuna dealer North Atlantic Traders and its principal, Robert Kliss, on Lacey Act, smuggling and conspiracy charges in a case before District Judge William Young, investigated by the Department of Justice working with the National Oceanic and Atmospheric Administration.   The jury reached its verdict of not guilty on all five counts against both defendants in less than a full hour of deliberation.

Barry Pollack of Boston, attorney for Kliss, added, “the federal agents engaged in misconduct by pressuring witnesses to make exaggerated statements, which the jury saw through.”

Stephen Ouellette of Gloucester, Massachusetts, attorney for North Atlantic Traders, said “the verdict of not guilty reflected more than two decades of regulatory compliance by my client and its dedication to a sustainable fishery.  That NOAA’s overzealous prosecution in this and other cases following closely on the heels of the highly critical assessment of NOAA law enforcement by the Department of Commerce Office of the Inspector General can only be seen as an attempt to justify NOAA’s enforcement budget at the expense of the fishing industry and fundamental principles of justice.”

For further information, contact Stephen Ouellette at 978-281-7788 or 978-317-2542.

NOAA: Determination that bluefin aren’t ‘endangered’ unlikely to affect quota setting

August 15, 2017 — US regulators’ recent decision to reject a petition from environmental groups to list Pacific bluefin tuna as an endangered species is unlikely to affect quota levels, which are set by international bodies.

“I don’t envision this domestic Endangered Species Act determination directly implicating the international management of this species,” Chris Yates, the National Oceanic Atmospheric Administration (NOAA)’s west coast assistant regional administrator for protected resources said, in response to a question from Undercurrent News.

The US government doesn’t directly determine bluefin fishing rules in the Pacific, having ceded that authority by treaty to Inter-American Tropical Tuna Commission (IATTC), of which major bluefin catchers Japan, Mexico, South Korea and Taiwan are also members. The Western and Central Pacific Fisheries Commission (WCPFC) also manages bluefin stocks in those areas of the ocean.

IATTC, which is under strong pressure from environmental groups to conserve declining bluefin stocks, recently failed to agree to new measures at a meeting earlier this month in Mexico City. But members have agreed to revisit the issue at a future meeting in Busan, South Korea.

NOAA assessment

After a recent review of the stock, NOAA scientists struck a mostly positive tone about the stock’s prospects to recover.

Yates, and Matthew Craig, who recently chaired a NOAA review into the health of bluefin stocks, said that there are roughly 1.6 million individual bluefin in the North Pacific Ocean, with 140,000 bluefin being of reproductive age and size.

Read the full story at Undercurrent News

Deadline for feds’ response to fishing monitor petition passes

August 15, 2017 —  A fishermen’s group says it’s still waiting to hear if the federal government responded to a petition it filed with the U.S. Supreme Court about the cost of mandated fishing monitors.

The government shifted the cost of paying for monitors from the National Oceanic and Atmospheric Administration to fishermen last year, prompting a legal battle.

The deadline for the government to respond was Monday, Aug. 14. It had not done so last week, and is not required to, said Zachary Kurz, a spokesman for the Cause of Action Institutes attorneys, who are representing the fishermen. He added that the Supreme Court doesn’t use e-file, so if the government did respond Monday, it would have been filed by hand and Cause of Action may not know if there was a response until it is served with the pleading via mail.

Attorneys with the Washington, D.C.-based Cause of Action Institute, representing fisherman David Goethel of Hampton, New Hampshire, and Northeast Fishing Sector 13, filed the petition last month with the nation’s highest court. They asked that it take up the case and recognize the need to hear the New England groundfishermen’s case based on its merits.

Read the full story at the Gloucester Times