Saving Seafood

NOAA Fisheries Seeks Public Comment on Proposed Actions to Implement a Commercial Trip Limit for Dolphin in the Atlantic

July 1, 2016 — The following was released by NOAA:

NOAA Fisheries is seeking public comment on the proposed rule implementing Regulatory Amendment 1 to the Fishery Management Plan for the Dolphin and Wahoo Fishery of the Atlantic (Regulatory Amendment 1). The proposed rule for Regulatory Amendment 1 published in the Federal Register on June 30, 2016 (81 FR 42625). The comment period ends on August 1, 2016.

Regulatory Amendment 1 would establish a commercial trip limit for dolphin of 4,000 pounds whole weight after 75 percent of the commercial sector annual catch limit has been reached. The trip limit applies to dolphin caught commercially from Maine through the east coast of Florida. The trip limit would remain in place until the end of the fishing year or until the entire commercial annual catch limit is met, whichever comes first. The purpose of the trip limit is to reduce the chance of an in-season closure of the dolphin commercial sector as a result of the annual catch limit being reached during the fishing year and to reduce the severity of social and economic impacts caused by these closures.

The South Atlantic Fishery Management Council has submitted Regulatory Amendment 1 to NOAA Fisheries for review and implementation. All comments specifically directed toward the proposed rule will be addressed in the final rule.

For more information on Regulatory Amendment 1, please visit the NOAA Fisheries Southeast Regional Office Website at:

http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/dw/2016/reg_am1/index.html.

Shark finning law goes into effect

July 1, 2016 — Beginning Friday, the sale, purchase or possession with intent to sell shark fins in Texas will be a criminal offense that could result in jail time and a fine.

State Rep. Eddie Lucio III’s second attempt to strengthen the prohibition of the federally outlawed practice of shark finning was signed into law last year, making Texas the 10th state to target a black market trade that the Save our Seas Foundation estimates kills 73 million sharks annually. The conservation organization Oceana estimates that half of the shark-fin trade in the U.S. is funneled through Texas.

Finning is the wasteful practice of catching a shark, cutting off its fins, then discarding the dying fish. Officials say this is done mostly by profiteers taking advantage of a thriving Asian and domestic demand for shark-fin soup. Arguments heard when the bill was debated in Austin last year suggested the shark fin market in Texas has grown 240 percent since 2010, according to the Texas Legislature Online website.

Shark finning is illegal in many parts of the world, including the U.S. since 2000. But enforcement can be difficult. Curbing the practice demands a strenuous international effort, said special agent John O’Malley, with the National Oceanic and Atmospheric Administration in Corpus Christi.

Read the full story at the Corpus Christie Caller Times

New Pacific Fishery Management Council Members Appointed

July 1, 2016 — The following was released by the Pacific Fishery Management Council:

PORTLAND, Ore. — U.S. Secretary of Commerce Penny Pritzker announced the appointment of Marc Gorelnik of California and the reappointment of Herb Pollard, of Idaho, to the Pacific Fishery Management Council on Monday. Nominations were submitted by the governors of the two states and approved by the Secretary. The appointments go into effect on August 11.

Mr. Gorelnik, a trademark and copyright attorney, will fill the California at-large seat on the Council, replacing Mr. Dan Wolford. Mr. Gorelnik received a J.D. from the King Hall School of Law at UC Davis in 1993. Prior to entering the field of law, he was a project engineer at Hughes Aircraft Company’s Santa Barbara Research Center, and earned degrees in physics and scientific instrumentation from UC Santa Barbara. He currently lives in northern California and has worked on fishery issues on behalf of California recreational anglers for several years. Mr. Gorelnik currently serves on the Council’s Salmon Advisory Subpanel, which advises the Council on decisions that affect commercial and recreational salmon fisheries. He is Chairman of the Coastside Fishing Club and is a member of the Coastal Conservation Association and the Golden Gate Salmon Association.

Mr. Pollard currently serves as the Vice-Chair of the Council and will begin serving as Chair in August. He is currently serving his second term representing the Idaho Obligatory seat. Mr. Pollard was born in Lakeview, Oregon, and spent his early life in Lakeview and Klamath Falls, graduating from Lakeview High School in 1962. He attended University of Oregon for two years, before transferring to Oregon State University where he graduated with a BS Degree in Fisheries Science in 1967. Herb earned an MS in Fisheries Management from University of Idaho in 1969, and immediately started work for Idaho Department of Fish and Game as a Fishery Research Biologist. After a 28 year career with IDFG, including stints as Regional and State Fishery Manager, Anadromous Fishery Coordinator, and Regional Supervisor, he spent 10 years with NOAA Fisheries, dealing with Endangered Species Act consultations and regulations regarding fishery management, fish hatcheries, and harvest issues that impact listed salmon and steelhead in the Snake and Columbia River basins. Currently Mr. Pollard is working as an independent contractor consulting on fishery management issues. In addition to a professional career as a Fishery Biologist, he is an avid and expert recreational angler and has written and spoken extensively about recreational fishing.

NOAA Fisheries Lists Nassau Grouper as Threatened under the Endangered Species Act

June 30, 2016 — The following was released by NOAA:

NOAA Fisheries has listed Nassau grouper as threatened under the Endangered Species Act due to a decline in its population. The species is in need of more conservation efforts given its population has not yet recovered. A final rule was published in the Federal Register on June 29, 2016  (81 FR 42268) and will become effective on July 29, 2016.

This listing does not change current fishing regulations in the U.S. (including federal waters in U.S. Caribbean territories), as harvest of this species is already prohibited in state, territorial, and federal waters. Commercial and recreational fishing for this species was first prohibited in U.S. federal waters in 1990 when it was listed as a Species of Concern.

Prior to 1990, historical harvest greatly diminished the population of Nassau grouper and eliminated many spawning groups. Because Nassau grouper is a slow growing, late maturing fish, the population has yet to recover despite conservation efforts. In addition, Nassau grouper is still harvested in several Caribbean countries and fishing pressure on the remaining spawning groups continues to threaten the species.

While a threatened listing status does not afford the same strict prohibitions on import, export, and incidental catch that an endangered status does, NOAA fisheries will assess whether to add additional regulatory measures in future rule makings. NOAA fisheries will also organize a recovery team to begin development of a plan to guide the conservation and recovery of the species. The plan will lay out the criteria and actions necessary to ensure species recovery. It will also be used to ensure recovery efforts are on target and being met effectively and efficiently.

Federal lawsuit over at-sea monitoring still a go

June 29, 2016 — Fishermen opposing the cost-shift of at-sea monitoring say they are moving forward with a federal lawsuit despite the National Oceanic and Atmospheric Administration concession that it will help pay for the cost of the monitors for New England fishermen.

The at-sea monitoring program analyzes the fishing area, as well as the catch and gear type, in order to monitor sector quotas. The Northeast Fisheries Science Center, the research arm of NOAA Fisheries, is required to collect scientific, management, regulatory compliance and economic data for fisheries.

Read the full story at Mainebiz

U.S. Commerce Department announces 2016 regional fishery council appointments

June 28, 2016 — The following was released by NOAA:

The U.S. Commerce Department today announced the appointment of 19 new and returning members to the eight regional fishery management councils that partner with NOAA Fisheries to manage ocean fish stocks. One at-large seat on the Mid-Atlantic Council will be announced by the Secretary at a later date. The new and reappointed council members begin their three-year terms on August 11.

The Magnuson-Stevens Fishery Conservation and Management Act established the councils to prepare fishery management plans for their regions. NOAA Fisheries works closely with the councils through this process and then reviews, approves and implements the plans. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks and manage them sustainably.

“U.S. fisheries are among the most sustainable in the world, and NOAA Fisheries is grateful for the efforts these individuals devote to our nation’s fisheries management and to the resiliency of our oceans. We look forward to working with both new and returning council members,” said Eileen Sobeck, assistant NOAA administrator for fisheries. “Each council faces unique challenges, and their partnership with NOAA Fisheries is integral to the sustainability of the fisheries in their respective regions, as well as to the communities that rely on those fisheries.”

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories and tribal governments.

Read the full release and list of council appointments

GLOUCESTER TIMES: A partial victory for fishermen

June 28, 2016 — New England fishermen got a piece of good news last week when the federal government agreed to pay for a large portion of the cost of its at-sea monitoring of the actions of the industry fleet.

But let us be clear — it is only a bit of good news. There is much more work to be done before the monitoring efforts can be considered fair to cash-strapped fishermen and successful from an information-gathering standpoint.

The at-sea monitoring program, run by the National Oceanic and Atmospheric Administration, places observers on fishing vessels to record details of their catch and make sure government regulations are being strictly followed.

The program is far from perfect. The regulations are at worst byzantine and contradictory, and at best merely confusing. The quality and experience of observers varies greatly, and extra people on the deck of a fishing vessel can add to safety concerns in what is already a dangerous profession. And then there’s the cost — about $710 a trip, by some estimates.

For months, NOAA was insisting fishermen pay the cost of monitoring, which surely would have bankrupted some of the vessel owners. It would be like paying to have a state trooper sit in the back of your car to make sure you weren’t speeding.

Fishermen and their elected officials lobbied for months to get the federal government to pick up the costs, and last week NOAA capitulated. The agency will reimburse fishermen for up to 85 percent of monitoring costs.

Read the full editorial at the Gloucester Times

Sens. Collins, King Applaud Funding to Help Reimburse Maine Fisherman for At-Sea Monitoring Program

June 27, 2016 — WASHINGTON — U.S. Senators Susan Collins and Angus King today welcomed an announcement from the National Oceanic and Atmospheric Administration (NOAA) that it will fund an estimated 85 percent of the sea days needed for the At-Sea Monitoring (ASM) Program for the current fishing year. Beginning July 1, groundfish fishermen covered by the Northeast Multispecies Fishery Management Plan will be reimbursed for their at-sea monitoring costs through an arrangement with the Atlantic States Marine Fisheries Commission.

“The At-Sea Monitoring Program is an important tool that helps us to responsibly manage Maine’s critical ocean resources,” Senators Collins and King said in a joint statement. “Maine’s hardworking fishermen shouldn’t bear an unfair financial burden in supporting the ASM program. We applaud NOAA for stepping up to help reimburse our fishermen, and will continue to fight for the Maine groundfish industry moving forward.”

Read the full press release at the newsroom of Sen. Collins

Fishermen vow to continue lawsuit about monitoring rules

June 27, 2016 — CONCORD, N.H. — Attorneys for fishermen who oppose a new cost imposed by regulators say they will continue with a federal lawsuit despite a recent concession by the federal government.

The lawsuit concerns the cost of at-sea fishing monitors, who are workers hired to collect data that inform catch quotas. The government shifted the cost of paying for monitors from itself to fishermen earlier this year.

The National Oceanic and Atmospheric Administration said recently that fishing trips on or after July 1 may be eligible for reimbursement of monitoring costs.

Read the full story from the Associated Press at the New Jersey Herald

Carlos Rafael’s Trial Puts One-Fifth of New Bedford’s Fishing Fleet, $80 Million in Permits at Stake

June 27, 2016 — NEW BEDFORD, Mass. — Indicted fishing magnate Carlos Rafael controls nearly one-fifth of the harbor’s commercial fleet and had permits worth about $80 million last year, according to public records and local interviews.

He also has a fondness for Greek mythology.

Commercial fishing boats named Zeus, Hera, Hera II, Apollo, Athena, Poseidon, Hercules and Titan all are part of Rafael’s fleet. Many of his boats are painted with distinctive green-and-white coloring that makes them easily recognizable on local docks, such as Leonard’s Wharf, where the Sasha Lee – named after one of his daughters – and other of his vessels often float, behind the Waterfront Grille.

Boat names also honor Rafael’s native Portugal, and Cape Verde to the south. Those vessels include the Ilha Brava, after Brava Island in Cape Verde; Açores, for the Azores archipelago; Perola do Corvo, or “Pearl of Corvo,” after the smallest island in the Azores; Ilha do Corvo, for that island itself; and others.

The size and scope of Rafael’s fishing business indicate a significant chunk of New Bedford’s waterfront economy could be at stake should Rafael stand trial in January 2017. He faces federal charges tied to an alleged, multi-year scheme involving illegally caught fish, bags of cash from a wholesale buyer in New York City and a smuggling operation to Portugal, via Logan International Airport in Boston.

An initial survey of Rafael’s fishing permits, vessels and the corporations behind them, along with local data and interviews, provides a glimpse into an operation that has become a flashpoint for broader debates about industry regulation and oversight.

According to 2016 vessel permit data from NOAA Fisheries, for its Greater Atlantic Region, Rafael and his wife, Conceicao Rafael, control at least 36 local vessels with commercial fishing permits this year. Those vessels include a handful of skiffs or smaller boats, but all have permits for at least 10 species of fish, ranging from American lobster to Atlantic deep sea red crab, surf clam, monkfish and more.

Twelve of the Rafaels’ local vessels have high-value, limited-access scallop permits, according to the data from the National Oceanic and Atmospheric Administration (NOAA). The values of those permits amount to tens of millions of dollars, making their future a vital question for the waterfront.

Rafael, a 64-year-old Dartmouth resident, faces 27 counts on federal charges including conspiracy, false entries and bulk cash smuggling, according to his indictment, filed last month.

Nothing about his trial next year is certain, including outcomes or penalties. Whether the waterfront could face the loss or seizure of any of Rafael’s boats, permits or properties is an open question, and will remain so until the case is resolved. Even whether the case actually goes to trial is uncertain, to a degree.

Read the full story at the New Bedford Standard-Times