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MASSACHUSETTS: Authorities’ visit to fish house remains a mystery

June 23, 2017 — Business appeared to be carrying on as usual Friday at Lou-Joe’s Fresh Seafood, a day after agents from the Internal Revenue Service and two other government agencies visited the small fish processing plant.

Workers were cutting fish on Friday inside the 3,800-square-foot plant at 24 Washburn St., New Bedford, near where Interstate 195 crosses the Acushnet River. Fish trucks were coming and going from the loading docks.

An employee in the office said he was not the owner and declined to comment on the situation.

On Thursday, about a dozen officials from the IRS, Massachusetts Environmental Police, and National Oceanic and Atmospheric Administration visited the plant. An IRS spokeswoman told The Standard-Times the IRS employees were on official business, but she would not say anything further.

A corporate document filed with Massachusetts Secretary of State William Galvin’s office shows two people listed as officers of a now-dissolved corporation by the name Lou-Joe’s Fresh Seafood, Inc.: Luis Martins as president and treasurer, and Mary Martins as secretary. Both are listed at the same address: 17 Bertrand’s Way, Acushnet.

The business summary on the secretary of state’s website shows an involuntary dissolution of the corporation in 1998.

Laurie Flynn, director of corporations for Galvin, said the corporation was dissolved for failing to file the required annual reports after 1990. But operating without corporation status is not illegal as long as the business does not use “Inc.” in the name, she said. Lou-Joe’s could be operating as a sole proprietorship or partnership, for example, she said.

Neither Luis Martins nor Mary Martins could be reached at the business or at the house on Bertrand’s Way in Acushnet.

Read the full story at the New Bedford Standard-Times

Following the Fish: Where New England’s Catch Goes and Why It Matters

June 20, 2017 — The following was released by NOAA:

Ever wonder where the fish landed at the dock ends up, and what it is used for? For some species the trip is short and direct and for one purpose, while other species travel thousands of miles to their final destination and have multiple uses. Besides food for humans, seafood could be used as bait for other fisheries, in pet food, as fertilizer, or in nutraceuticals – products derived from a food source that claim to have a health benefit.

As the public becomes more interested in where the food they eat comes from, NEFSC’s social scientists have followed the fishery supply chain from harvest to its final destination. They looked at where fish and other seafood are caught, where they go after they are landed, how they get there, and what they are used for. Following the fish means following a route that can be local, regional, national or international, depending on the species. It leads to a better understanding of the sustainability of regional fisheries and their social, economic and cultural relationships.

“Many fish species caught in New England are primarily used for food,” said Patricia Pinto da Silva, a social policy specialist in the Center’s Social Sciences Branch and one of the study authors. “Some are processed and distributed nationally and internationally, such as scallops, while others are sold in parts or whole in more limited markets, such as monkfish. Groundfish is one of the few fisheries that is primarily consumed regionally.”

Pinto da Silva and colleagues looked at species in the New England Fishery Management Council’s fishery management plans. They examined self-reported fisheries data and data collected by at-sea observers as well as data from dealers. They also spoke with fishermen, seafood dealers, staff at processing plants and others with knowledge of different aspects of the fishery, including harvest, processing and distribution.

Current and historical Information about each fishery, the gear types used, its supply chain, emerging markets, and how the information was gathered and from whom were included in a summary of each fishery along with a map of its supply chain. The only exception was American lobster, due to a lack of the kind of data that were available for the other fisheries.

“This study is a first step in characterizing New England fisheries, including where fish are caught, what they are used for, and where they go once they are landed,” Pinto da Silva said. “We did not include aquaculture or the regional recreational harvest, which is something we would like to do in the future.”

Fish caught in New England vary widely in where they are sold and how they are used. Monkfish, for example, is primarily sold as a food fish, and largely destined for an international market. Vessels supply a small domestic market through restaurants, wholesalers and small retail fish markets, but most monkfish is exported to Europe and Asia by container ship and airplane, with parts of the fish sold for different uses in different countries.

Atlantic herring, once a canned food product supporting a regional canning industry that has since disappeared, is now primarily used as bait for the regional lobster fishery. Some herring is also used as bait in the tuna or longlining fisheries, and a few herring are pickled or smoked for specialty products or sold as pet food.

One of the highest valued fisheries in the nation, Atlantic sea scallops are sold as food in domestic and international markets. Most are shucked at sea and generally only the adductor muscle is harvested and sold.  Only a small percentage of landings remain in the region, where local dealers sell directly to the public and to small regional retailers and restaurants. More often, large scallop processors sell directly to large industrial food companies that sell to grocery stores and restaurants nationwide. Flash-frozen scallops are sold to domestic and European export markets.

Many of New England’s groundfish, including cod, haddock, pollock and several flounders, are used as food fish, sold to local restaurants and fish markets and to domestic grocery stores. Depending on the species, groundfish that stays local travels from the boat to a dealer to fish markets, local restaurants and community supported fisheries.

Most of the groundfish caught in the Northeast stays in the Northeast, but it is also trucked to large seafood markets on the East Coast or shipped by air to the Midwest and other distant markets. Processors export some groundfish species to Europe, Canada and Japan for use there or to be processed and re-imported to the U.S. Use varies by species, but includes processing as fillets, for fish and chips, salted or smoked, or used for bait, in pet food, fertilizer or in nutraceuticals.

While many fish species are landed in the Northeast, the high demand for fish means much of it is imported from other countries, or caught in the U.S., exported to another country for processing, then imported back into the U.S. for sale.

“More than 90 percent of the fish consumed in the U.S. is imported, much of it farm-raised or aquacultured salmon and shrimp, and canned tuna,” Pinto da Silva said.  “In some ways we know more about tracing our imports than we do about the fish caught in our own federal waters. This study was an attempt to describe the broader food system in the region beyond harvesting so we are more aware of all the connections between fishing, markets, and communities and can begin to address the socially-valued outcomes from fisheries management.”

In addition to Pinto da Silva, other authors of the study were Julia Olson, Sharon Benjamin, Ariele Baker and Meri Ratzel from the NEFSC’s Social Sciences Branch.

Read the full release here

Celebrating Efforts to Restore Endangered Atlantic Salmon

June 22, 2017 — The following was released by NOAA:

On a bright June evening, a group of people who care passionately about the plight of Atlantic salmon gathered at the Veazie Salmon Club on the banks of the Penobscot River.

Researchers, academics, fisheries managers, non-governmental organizations, and members of the local salmon club came together to recognize the hard work that has gone into restoring the Penobscot River’s habitat for sea-run fish. The Penobscot River Restoration Project removed two dams and improved passage around two others. As a result, critically endangered Atlantic salmon, as well as river herring, shad, American eel, and other sea-run fish have improved access to hundreds of miles of their historic habitat.

“Rivers like the Penobscot are where we make fish. Sea-run fish are indicators of the health of our estuaries, our groundfish stocks, and our communities,” said John Bullard, regional administrator for NOAA Fisheries Greater Atlantic Region, who was there to present the awards. “It’s amazing to hear about the signs of ecosystem recovery that we are seeing. While we haven’t seen strong returns of Atlantic salmon yet, the results of the restoration project for other sea-run fish are encouraging. To go from fewer than 3,000 river herring in 2013 to more than 1.2 million returns in 2016 is awe-inspiring.”

The evening’s festivities included recognition of the efforts of two individuals, Claude Westfall and Andy Goode, who have been instrumental in helping to restore this population of endangered fish. 

Read the full release here

NOAA Fisheries Announces Initiation of Atlantic Salmon Status Review

June 22, 2017 — The following was released by NOAA:

NOAA Fisheries is initiating a five-year review of the Gulf of Maine distinct population segment (DPS) of Atlantic Salmon, as required by the Endangered Species Act. The Gulf of Maine DPS of Atlantic salmon is listed as endangered by NOAA Fisheries and the U.S. Fish and Wildlife Service. NOAA Fisheries is taking the lead for this review. 

In a five-year review, we evaluate the best scientific and commercial data available to review the current status of listed species. We use these reviews to ensure that listing classifications are accurate.

Through this announcement, we are requesting submission of information on the Gulf of Maine DPS of Atlantic salmon, including any information on the status, threats, and recovery of the species that has become available since the final listing determination in 2009.

Please submit your information by July 20, 2017, either through the e-Rulemaking portal or by mail to:

Dan Kircheis

NOAA Fisheries Greater Atlantic Region

Maine Field Station

17 Godfrey Drive

Orono, Maine 04473

Questions? Contact Dan Kircheis at 207-866-7320 or Dan.Kircheis@noaa.gov.

NOAA Fisheries Seeks Comments on Proposed Framework 56 to the Northeast Multispecies Fishery Management Plan

June 22, 2017 — The following was released by NOAA:

We are seeking public comment on an action that would set catch limits for four groundfish stocks the 2017 fishing year (May 1, 2017-April 30, 2018), as follows:

  • Georges Bank cod would quota would decrease by 13%
  • Georges Bank haddock quota would increase by 2%
  • Georges Bank yellowtail flounder would decrease by 23%
  • Witch flounder quota would increase by 91%

We set catch limits for the 2017 fishing year for the remaining 16 groundfish stocks in Framework 55. The 2017 catch limits for these 16 stocks remain the same as or similar to 2016 limits. 

This action will set sector allocations and common pool trip limits based on the 2017 limits and finalized 2017 sector rosters.

Framework 56 would also:

  • Create an allocation of northern windowpane flounder for the scallop fishery;
  • Revise the trigger for implementing the scallop fishery’s accountability measures for both its GB yellowtail flounder and northern windowpane flounder allocation; and
  • Increase the GB haddock allocation for the midwater trawl fishery.

Finally, this action describes the accountability measures for the 2017 fishing year for the northern and southern windowpane flounder.

Read the proposed rule as published in the Federal Register, and the supplemental documents on our website. 

Please submit your comments through the online portal by July 7, 2017.

You may also submit comments through regular mail to: 

John Bullard, Regional Administrator

Greater Atlantic Regional Fisheries Office

55 Great Republic Drive

Gloucester, MA 01930

Questions? Contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov

MASSACHUSETTS: Mitchell sends NOAA letter requesting Rafael permits stay in New Bedford

June 21, 2017 — Mayor Jon Mitchell penned a letter to NOAA regarding Carlos Rafael’s permits, a day after Maine’s congressional delegation signed a letter regarding the permits.

In an argument consisting of four pages, Mitchell provided legal precedent for the Department of Justice and NOAA to punish Rafael, while also keeping the 13 fishing permits in question in New Bedford. He likens Rafael’s case to those cases involving wrongdoing by the head of a large business. He states, “It is common for the government to tailor punishment so as to avoid harm to others who were not involved.”

Rafael’s business employ 285 fishermen.

Mitchell suggested Rafael sell his entire business to other New Bedford companies, forfeiting the proceeds to the government. It would entirely exclude Rafael from fishing despite possessing more permits than the 13 in question.

“If the Service affords him a reasonable opportunity to fully divest himself in such fashion,” Mitchel wrote. “The government can accomplish its enforcement goals and avoid harm to employees and other businesses.”

On Monday, U.S. Senators Angus King and Susan Collins, along with members of Congress Chellie Pingree and Bruce Poliquin, drafted a letter to U.S. Secretary Wilbur Ross stating the permits should be redistributed among “all eligible permit holders in the fleet.” The Congressional delegation cited the Magnuson-Stevens Act to justify its belief.

Politicians and organizations have jockeyed for leverage regarding the final destination of the permits almost immediately after Rafael pleaded guilty to 28 counts including falsifying fishing quotas, false labeling, conspiracy and tax evasion at the end of March.

Read the full story at the New Bedford Standard-Times

Handling and Release of Prohibited Atlantic Sharks

June 21, 2017 — The following was released by NOAA:

NOAA Fisheries has released a new video to help anglers identify dusky and other prohibited shark species. Focused on safe handling and release of sharks and current fishing regulations, the video accompanies a suite of educational materials. We have updated our Recreational Shark Identification and Regulations Placard, added a new Prohibited Shark Identification Placard, and updated our handling and release brochure. All of these materials are available for download.

New Regulations

Beginning January 1, 2018, recreational fishermen, including charter/headboat fishermen that fish for, retain, posses, or land sharks in federal waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean must have a valid “shark endorsement” added to their HMS permit. Atlantic tunas General category and Swordfish General Commercial permit holders must also have a shark endorsement for registered tournaments. The video is required viewing for permit holders requesting the shark endorsement, and will be followed by a brief, educational quiz.

We Need You

Help us ensure the recovery of dusky and long-term sustainability of all Atlantic sharks. Please share this video and related materials to spread the word and educate fellow recreational fishermen. For further information, contact Cliff Hutt (Cliff.Hutt@noaa.gov) or Karyl Brewster-Geisz (Karyl.Brewster-Geisz@noaa.gov) or visit our website.

New Bedford Mayor Calls on NOAA to Protect Innocent Parties in Rafael Case

June 21, 2017 (Saving Seafood) – The mayor of New Bedford, Massachusetts is calling on NOAA to protect the innocent, preserve waterfront jobs, and avoid economic harm as the Carlos Rafael case nears the end of its sentencing phase. Citing long-standing Department of Justice rules, Mayor Jon Mitchell urges the federal government, in a letter to then-Acting NOAA Assistant Administrator for Fisheries Sam Rauch, to resolve the case in a way that minimizes harm.

The mayor noted that Department of Justice policy “directs federal prosecutors to take into account the effect their decisions may have on innocent third parties.” He cites the Principles of Federal Prosecution (Section 9-28.1100), which “speak directly to the possible need for restraint in cases of corporate misfeasance, where punishment that results in the demise of the business itself would cause harm to employees, shareholders, suppliers and other constituents of the business.”

Mr. Rafael, owner of one of the largest groundfish businesses in New England, pled guilty in March to fish mislabeling, falsifying federal records, conspiracy, and other charges. The sentence is expected to be handed down in July.

Mayor Mitchell acknowledges that Mr. Rafael’s sentence should result in the forfeiture of his groundfish permits and “be sufficient to deter others from engaging in similar misconduct.” But the mayor also warns that it should be handled in a way that is least disruptive to the hundreds on the New Bedford waterfront who depend on the businesses that are based around those permits.

“Although I believe that Rafael should not be allowed to profit from permits he has abused, numerous others in Greater New Bedford, who played no part in his fraudulent scheme, also depend on the landings associated with those permits for their livelihoods,” the mayor writes. “The decisions concerning the forfeiture or revocation of Rafael’s permits should take their interests into account.”

The mayor, who as a former Assistant U.S. Attorney worked with NOAA law enforcement on several successful prosecutions prior to serving as mayor, contends that there is existing precedent for such a decision, pointing to past sentencing practices.

By allowing Mr. Rafael to transfer his permits to willing buyers in New Bedford, and transferring the profits of the sale of those permits to the government, the mayor argues that the federal government can achieve its main goals—“a clear general deterrence message and the removal of Rafael from the business of fishing”—without causing harm to workers in New Bedford.

The mayor also notes that this option may be the only way for the government to compel Mr. Rafael to leave the fishing industry entirely.

“If, as it appears, the government does not have sufficient evidence or the legal authority to pursue the forfeiture all of Rafael’s permits and vessels not named in the criminal indictment, Rafael will be able to use his remaining permits, largely to fish for scallops,” the mayor writes. “This scenario would result in harm to the businesses that rely on his groundfish landings, while Rafael could continue to profit from scallop landings—— even from his jail cell.”

According to the mayor, those in New Bedford who would be affected by any permit forfeiture include 285 fishermen who are directly employed by Mr. Rafael, as well as hundreds more directly employed in supporting businesses. Many businesses on the waterfront—“gear menders and manufacturers, fuel companies, vessel outfitters, settlement houses, welders, lumpers, ice houses, truckers”—depend on Mr. Rafael’s permits for a significant portion of their revenue.

“Approximately seventy percent of the fuel supplied to fishing vessels by Bay Fuels, a fueling company based on the New Bedford waterfront, is sold to Mr. Rafael; thirty percent of the fishing gear manufactured by New Bedford-based Reidar’s Trawling is sold to Mr. Rafael; and seventy five percent of the groundfish landed at the Whaling City Display Auction is landed by Rafael’s boats,” the mayor writes.

The Port of New Bedford as a whole also relies on Mr. Rafael’s businesses for diversity in its landings. If Mr. Rafael’s permits were dispersed, the Port would be forced to rely almost solely on revenues from one species, Atlantic scallops, making it more vulnerable to potential downturns.

Read the full letter here

 

Congressman Young Welcomes Selection of Chris Oliver as Assistant Administrator for NOAA Fisheries

June 20, 2017 — The following was released by the office of Congressman Don Young:

Alaska Congressman Don Young today shared the following statement of support on the appointment of Chris Oliver, Executive Director of the North Pacific Fishery Management Council, as Assistant Administrator for NOAA Fisheries:

“The Secretary got this one right – it’s the right pick for Alaska and for the country,” said Congressman Don Young. “This decision underscores the leadership and qualifications of Chris Oliver, who has spent his lifetime working to build Alaska and the North Pacific into the gold standard for fisheries management. Chris’ depth of knowledge and experience, as the head of the North Pacific Fishery Management Council, will bring much needed expertise to a position tasked with addressing some of the most challenging aspects of fisheries management throughout the United States. I look forward to working with Chris during his tenure as Assistant Administrator – I know he’ll be a huge asset to NOAA.”

NOAA, USGS and partners predict third largest Gulf of Mexico summer ‘dead zone’ ever

June 20, 2017 — Federal scientists forecast that this summer’s Gulf of Mexico dead zone – an area of low to no oxygen that can kill fish and other marine life – will be approximately 8,185 square miles, or about the size of New Jersey.

This would be the third largest dead zone recorded since monitoring began 32 years ago – the average Gulf dead zone since then has been 5,309 square miles.

The Gulf’s hypoxic (low oxygen) and anoxic (oxygen-free) zones are caused by excess nutrient pollution, primarily from human activities such as agriculture and wastewater. The excess nutrients stimulate an overgrowth of algae, which then sinks and decomposes in the water. The resulting low oxygen levels are insufficient to support most marine life and habitats in near-bottom waters, threatening the Gulf’s fisheries.

The Gulf dead zone may also slow shrimp growth, leading to fewer large shrimp, according to a NOAA-funded study led by Duke University. This could mean higher costs of large shrimp at the marketplace and an economic ripple effect on the Gulf shrimp fisheries.

“The Gulf’s summer hypoxic zone continues to put important habitats and valuable fisheries under intense stress,” said Rob Magnien, director of NOAA’s Center for Sponsored Coastal Ocean Research. “Although there is some progress in reducing nutrients, the effects of the dead zone may further threaten the region’s coastal economies if current levels remain.”

This NOAA-sponsored forecast is based on nutrient runoff and river discharge data from the U.S. Geological Survey. The forecast assumes typical weather conditions, and the actual dead zone could be disrupted by hurricanes and tropical storms.

This year’s predicted large size is due mainly to heavy May stream flows, which were about 34 percent above the long-term average and had higher-than-average nutrient loads. The USGS estimates that 165,000 metric tons of nitrate – about 2,800 train cars of fertilizer – and 22,600 metric tons of phosphorus flowed down the Mississippi and Atchafalaya rivers into the Gulf of Mexico in May.

Read the full story at the U.S. Geological Survey

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