Saving Seafood

Court battle continues over at-sea monitoring

February 10, 2016 — The federal lawsuit filed by a New Hampshire fisherman to block NOAA Fisheries’ plan to shift the cost of at-sea monitoring to groundfish permit holders has devolved, at least for now, into a paper fight.

Lawyers for plaintiff David Goethel, captain of the Ellen Diane out of Hampton, N.H., have filed a motion asking U.S. District Judge Joseph J. Laplante for an expedited hearing on the merits of the case. Federal lawyers have countered with a motion to dismiss the case outright.

Laplante, sitting in Concord, N.H., has yet to rule on either motion.

In late January, Laplante denied a motion by Goethel’s lawyers for a preliminary injunction that would have immediately halted federal plans to shift the costs of at-sea monitoring to the groundfish boats, thereby helping stave off the impending economic carnage the shift is expected to visit on the already reeling fleet.

“Given that preliminary injunctive relief is not available, plaintiffs request that the court proceed to the merits at its earliest convenience,” Goethel’s lawyers wrote in their motion. “This case remains urgent, with a ‘substantial, largely unrebutted’ risk of ‘potentially disastrous financial impact’ impending in a matter of weeks.”

The National Oceanic and Atmospheric Administration said it expects to run out of money for the at-sea monitoring around March 1. Groundfish fishing sectors have been instructed to begin negotiating with monitoring contractors to directly provide the service for the remainder of the 2015 fishing season and the 2016 fishing season that is set to begin May 1.

The question, however, is at what cost. The currently accepted estimate for the cost of groundfish monitors is about $710 per day per vessel, though some fishing sectors around New Bedford have said they were able to negotiate a better price from observer contractors.

Gloucester-based fishing sectors have declined to give specifics about their negotiations with the providers of observer coverage.

Read the full story at the Gloucester Times

NOAA Issues Climate Warning for Scallops

February 9, 2016 — NEW BEDFORD — “Sea scallops have a high vulnerability ranking,” reads a Feb. 3 announcement from the Northeast Fisheries Science Center, which operates in Woods Hole under the National Oceanic and Atmospheric Administration (NOAA). “Negative impacts are estimated for many of the iconic species in the ecosystem including Atlantic sea scallop, Atlantic cod and Atlantic mackerel.”

The NOAA study, formally known as the Northeast Climate Vulnerability Assessment, said Atlantic sea scallops have “limited mobility and high sensitivity to the ocean acidification that will be more pronounced as water temperatures warm.”

Water temperatures in Buzzards Bay have risen 4 degrees over the past two decades, for example, according to a recent study by the Woods Hole Oceanographic Institution and the Buzzards Bay Coalition.

Scallops are vital to New Bedford’s fishing industry. NOAA Fisheries announced last October that New Bedford, for the 15th year in a row, was the No. 1 port in the country in terms of dollar value of its catch. Much of that value, which totaled $329 million in 2014, comes from scallops.

The money has big local impacts. Eastern Fisheries captain Christopher Audette, for example, told visitors at an annual buyers’ tour in March 2014 that deck hands on his scallop boat had taken home more than $200,000 in 2013 — and that he had made even more than that.

Harbor Development Commissioner Richard Canastra, who has been instrumental to the Whaling City Seafood Display Auction since 1984, said this week that the scallop industry — and stock — continues to boom in New Bedford.

“The biomass has been increasing over the last 10 years, and there is no sign of it depleting because of the warmer waters,” Canastra said. “They’re talking a few degrees, and that’s not going to make much of a difference in terms of scallop population.”

Chad McGuire, associate professor of environmental policy at UMass Dartmouth, said that while the NOAA findings are not a surprise, they could be another “warning signal” for the industry.

“This study suggests that if you care about one of the largest economic drivers for this region, then you need to care about climate change,” said McGuire, whose work includes fishery management and climate change issues.

“We should be worried that this could greatly affect how many scallops we’re taking in the future,” he added.

Read the full story at New Bedford Standard-Times

Proposed Rule – 1st Phase of a U.S. Seafood Traceability Program to Combat IUU Fishing Products & Seafood Fraud

February 9, 2016 — The following was released by NOAA

Today, NOAA Fisheries is publishing the proposed rule to establish the first phase of a seafood traceability program through the collection or retention of data regarding the harvest, landing, and chain of custody of certain fish and fish products imported into the United States that have been identified as particularly vulnerable to IUU fishing and seafood fraud. It is important to note that there will be no new reporting requirements for domestic landings of wild-caught seafood. Similar information for domestically harvested seafood is already reported under numerous state and federal regulatory requirements.

Establishing a traceability program is a key tool for ensuring these illicit activities are prevented from entering U.S. Commerce and helping combat them in the complex system of international seafood trade.

This proposed rule is designed to build on existing resources and processes—maximizing effectiveness and efficiency, while minimizing impacts on the fishing and seafood trade community. To achieve these objectives, NOAA Fisheries is encouraging detailed comments from the fishing and seafood industry, conservation community, and other interested stakeholders engaged with sustainable seafood. Additionally, we have scheduled two webinar conference calls in February and an in-person public meeting on March 7, at the Seafood Expo N. America in Boston to provide opportunities for anyone to ask questions.

Studies aim to restore habitat of imperiled Northwest fish

February 8, 2016 — BOISE, Idaho (AP) — Scientists in the Pacific Northwest are studying more than a dozen watersheds to develop templates on habitat restoration that could be used in similar streams to bolster struggling fish populations.

The federal government lists 28 populations of salmon and steelhead on the West Coast that need protections due to low numbers despite spending millions of dollars every year on restoration efforts.

 The studies aim to make those efforts more successful. They focus on 17 watersheds in Washington, Oregon, Idaho, Northern California and British Columbia and examine the benefit of everything from dam removal to building artificial beaver dams in tributaries.

Creating templates for habitat restoration could save time and money by using strategies known to produce good results in similar habitats in the region, said George Pess, a research fisheries biologist for the National Oceanic and Atmospheric Administration.

“The overall goal is to learn enough to be smart about our restoration,” he said, noting that the studies will offer recommendations to private, tribal and government entities but won’t produce any legally binding regulations.

 

Read the full story from the Associated Press at the Houston Chronicle

Gulf Of Mexico Open For Fish-Farming Business

February 8, 2016 — The Gulf of Mexico is now open for commercial fish farming.

The National Oceanic and Atmospheric Administration (NOAA) announced last month that, for the first time in the U.S., companies can apply to set up fish farms in federal waters.

The idea is to compete with hard-to-regulate foreign imports. But opening the Gulf to aquaculture won’t be cheap, and it could pose environmental problems.

Harlon Pearce, the owner of Harlon’s Louisiana Fish, which supplies restaurants and groceries across the South, says he welcomes the change. Around this time of year, his refrigerated warehouse outside New Orleans is stocked with catch.

“You’ve got 30,000 pounds of fish right here, or more,” he says.

He’s freezing a lot of it to keep up with year-round demand. He says he’d like to sell nationwide, to big chains like Red Lobster, but “we never have enough fish to supply the markets. Never,” he says.

That’s true for a couple of reasons. For one thing, the seafood industry in the Gulf still hasn’t bounced back from the 2010 BP oil spill. Secondly, the industry has always fluctuated, because of hurricanes and pollution.

Pearce, who is on the board of the Gulf Seafood Institute, says aquaculture could solve that.

The rest of the world is already heavily invested in farming fish. According to NOAA, 90 percent of fish in the U.S. comes from abroad and half of this is farmed. While fish farms exist in the U.S., the industry has yet to really take off. And, until now, federal waters had been off limits. The U.S. government says that opening up the Gulf to fish farms would reduce American dependence on foreign food and improve security.

Read the full story at NPR

NOAA: Control Date for the Commercial Sector of the Dolphin and Wahoo Fishery of the Atlantic

February 4, 2016— The following is a release From the National Oceanic and Atmospheric Administration

 NOAA Fisheries published an advanced notice of proposed rulemaking to set a control date of June 30, 2015, for the Atlantic dolphin commercial sector of the dolphin and wahoo fishery. This notice informs current and potential future participants that the South Atlantic Fishery Management Council (Council) is considering restrictions limiting participation in the dolphin commercial sector. Participants who enter the sector after June 30, 2015, will not be assured of future access should a management regime that limits participation in the sector be prepared and implemented.

 The establishment of a control date does not commit the Council or NOAA Fisheries to any particular management regime. The Council may or may not make use of this control date as part of the requirements for participation in the Atlantic dolphin commercial sector. Fishermen are not guaranteed future participation in the sector, regardless of their entry date.  The Council may take action that would affect participants who were in the fishery prior to the control date, or the Council may choose to take no further action to control entry or access to the Atlantic dolphin commercial sector.  

 Request for Comments

Comments on this control date must be received no later than March 7, 2016, to be considered by NOAA Fisheries.

You may submit comments by the following methods:

  • Electronic Submission:

Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to: www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0001, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

  • Mail:

Nikhil Mehta

NOAA Fisheries

Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701

All comments received are a part of the public record and will generally be posted for public viewing on the www.regulations.gov Website without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NOAA Fisheries will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

ASMFC American Lobster Board Approves Jonah Crab Draft Addendum I for Public Comment

February 4, 2016— The following was released by the Atlantic States Marine Fisheries Commission

ALEXANDRIA, VA—The Atlantic States Marine Fisheries Commission’s American Lobster Management Board approved Draft Addendum I to the Jonah Crab Fishery Management Plan (FMP) for public comment. The Draft Addendum proposes changes to the incidental bycatch limits for non-trap gear (e.g., otter trawls, gillnets) and non-lobster trap gear (e.g., fish, crab, and whelk pots). For non-trap gear, the Draft Addendum includes options to maintain, increase, or eliminate the bycatch limit, while options for non-lobster traps include establishing bycatch limits of varying size or maintaining no limit on these gears. The intent of the Draft Addendum is to cap incidental landings of Jonah crab while ensuring the inclusion of current participants in the Jonah crab fishery.

  The FMP currently prescribes a 200 crab per calendar day/500 crab per trip incidental bycatch limit for non-trap gear; however, concerns were expressed over the appropriateness of these limits. Data submitted by the New England Fishery Management Council and NOAA Fisheries illustrate while 97-99% of trips from 2010 through 2014 were within the current limit, there were several trips above the limit. Furthermore, current bycatch landings were sufficiently low, accounting for approximately 0.1% of total landings.

 Bycatch limits for non-lobster trap gear were added as a second issue for consideration in the Draft Addendum to address concerns regarding the lack of effort controls on non-lobster traps and the potential for trap proliferation. Data submitted by NOAA Fisheries show between May 1, 2013 and August 31, 2015, 194 trips landed Jonah crab with whelk pots, crab pots, and fish pots. Of these, 80 trips landed 100 crab or fewer and 115 trips landed 200 crab or fewer.  Approximately 45 trips landed between 200 and 500 crab and 40 trips landed more than 450 crab.  Landings from Maryland show between 2012 and 2015, 33 trips landed Jonah crab with fish pots. All of these trips were under 200 pounds. Reports also indicated from 2014-2015, 36 trips landed Jonah crab with whelk pots. Average landings per trip with whelk pots were under 500 pounds; however, there is concern that these whelk pot landings may in fact be rock crab, a closely related species which is often misreported as Jonah crab.

 It is anticipated the states of Maine, Massachusetts, Rhode Island, New York and Maryland will be conducting public hearings on the Draft Addendum. The details of those hearings will be released in a subsequent press release. The Draft Addendum will be available on the Commission website, www.asmfc.org(under Public Input) by February 10th. Fishermen and other interested groups are encouraged to provide input on the Draft Addendum either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on April 1, 2016 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at mware@asmfc.org (Subject line: Draft Addendum I).

These Fish Species Are Most Vulnerable to Climate Change

February 3, 2016—Scallop and salmon are among the species of fish most vulnerable to the warming of ocean waters due to climate change, according to new research.

The study, conducted by researchers from the National Oceanic and Atmospheric Administration (NOAA) and published in the journal PLOS One, evaluated how more than 80 species will respond to their rapidly warming environment in the waters off the coast of the Northeastern United States. Species that can consume a wide variety of prey and survive in many different habitats tended to be less vulnerable to warming than their counterparts confined to one area and to a few sources of sustenance.

Some species, like anchovies, black sea bass and Spanish mackerel, may even benefit from climate change. But species whose populations will be negatively affected—including mussels, shrimp and pollock—far out number those whose standing will improve, according to the study. Others will be left largely unaffected. The results show 17% of the 82 species examined will benefit from climate change, while 83% will either be hurt or not affected by warming.

The research, which evaluated waters from North Carolina to Maine, is the first of several planned by NOAA to assess how vulnerable fish in the U.S. are to climate change. The results provide little indication about when the fish populations will begin to feel the pressure of climate change.

Read the full story at Time

 

Habitat Designation Key to Right Whale Recovery

February 2,2016— There is reason to be optimistic that the recent move by the federal government to expand the protected habitat of the North Atlantic right whale will protect the endangered species without harming its equally at-risk ocean neighbor, the commercial fishing industry.

The mammals and fishermen have historically been at cross purposes. The whales were given their name because they were the “right” whale to kill, thanks to their proximity to shore and the fact that they floated when dead, allowing them to be easily towed behind a whaler. The modern fishing industry no longer targets the whales, of course, but the mammals can get tangled in lost or discarded fishing line and gear, which often leads to their death.

 Commercial whaling decimated the once-thriving right whale species in the late 1800s and early 1900s. Just a few decades ago, only 300 or so remained. Over the last three decades, however, conservation efforts have brought the number to around 500.

“We have made progress,” David Gouveia, the marine mammal and sea turtle conservation coordinator for the Greater Atlantic Region of the National Marine Fisheries Service, told the Associated Press. “We are on a positive trajectory but there is still plenty of work to be done.”

Last month, the National Oceanic and Atmospheric Administration announced it was expanding its list of right whale habitat, adding calving grounds off the coast of the Carolinas and feeding grounds off New England. The move designates more than 30,000 square nautical miles as critical.

The designation, set to go into effect at the end of the month, means projects that require federal permits — such as dredging or building oil rigs or wind farms — will now be measured at least in part on how they affect the whales’ habitat.

“It’s a very important move,” Charles “Stormy” Mayo, director of right whale habitat studies at the Center for Coastal Studies in Provincetown, told the Boston Globe. “It’s pretty tough to put a small box around a wild animal, especially a whale that travels many thousands of miles each year of its life. … What we have here is an adjustment that recognizes the wide use of the environment that supports these whales.”

The measure is not expected to affect fishing or lobstering operations. Both industries have scrapped with the federal government in the past over how best to help the whales rebound while keeping hundreds of small businesses afloat. Those negotiations have often been complicated by lawsuits from environmental groups looking to force a solution, generally at the expense of fishermen.

“It’s a very real fear among the fishing industry,” Patrice McCarron of the Maine Lobstermen’s Association told the Bangor Daily News. “The right whale issue has been a very litigious issue — period.”

Read the full editorial at Gloucester Daily Times

 

Fishing industry fighting cost of at-sea monitors

NEW BEDFORD, Mass. — January 28, 2016 — Fishermen are opposing new catch-monitoring costs that could take effect March 1, as a judge’s ruling this week gave the industry a setback in efforts to block the transition from government funding.

John Haran of Dartmouth, manager of a local fishery sector, said in December that transferring the regulatory costs to the fishing industry could put more than 40 local groundfishing boats out of business. Local fishing industry tycoon Carlos Rafael said the costs — potentially about $700 per monitored trip — could mean repeated expenses of $14,000 across 20 groundfishing boats in his fleet.

“If they force that down our throats, the party is over,” Rafael said Thursday, before citing a vintage song. “Good night, Irene – it’s over for everybody.”

Regulators say the per-trip costs for monitoring – when private service providers put people on commercial fishing boats to count catches of cod, haddock, and some flounder, to track quotas – could be less than $700, given industry negotiations with private contractors.

Teri Frady, spokesman at the Northeast Fisheries Science Center in Woods Hole, said Thursday that March 1 was the latest estimate for when fishermen, not the National Oceanic and Atmospheric Administration (NOAA), would begin paying the cost of at-sea monitoring.

“What we paid, as the government, the total package for a sea day was around $700 — but we don’t know what that figure is going to be when the sectors do their own contracting,” Frady said. “Recognizing the economic issues in the industry, the agency has picked up the (at-sea) cost, but now we don’t have allocation to do that.”
A group representing East Coast fishermen sued the federal government in December, in U.S. District Court in Concord, N.H., seeking to block the  transfer of payments.

Read the full story from the New Bedford Standard-Times