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NOAA Fisheries Sets 2018-2020 Catch Limits for Groundfish Stocks and Announces Other Management Measures for the Northeast Multispecies Fishery Management Plan

May 1, 2018 — The following was released by NOAA Fisheries:

Through Framework 57, we have set catch limits for 20 groundfish stocks for the 2018-2020 fishing years (May 1, 2018-April 30, 2020), including the 3 stocks managed jointly with Canada.

Framework 57 increases quotas for 11 stocks compared to 2017, including: Georges Bank cod (139%), Gulf of Maine cod (41%), and Gulf of Maine haddock (190%). Quotas are decreasing for nine stocks, including Southern New England yellowtail flounder (-75%) and Gulf of Maine winter flounder (-45%).

We expect increases in the quotas for Gulf of Maine cod, Gulf of Maine haddock, and Georges Bank cod to provide additional economic revenue and flexibility to the commercial groundfish industry. Overall, we expect the measures in Framework 57 to generate $9 million in additional gross revenues this fishing year compared to last year.

Framework 57 also:

  • Revises the way common pool quotas are split between trimesters for six stocks.
  • Modifies the Atlantic halibut accountability measures.
  • Changes the trigger for the scallop fishery’s accountability measure for the Southern New England/Mid-Atlantic yellowtail flounder stock to when total catch exceeds the overall catch limit.
  • Revises the southern windowpane flounder accountability measure for the summer flounder, scup, and skate fisheries.
  • Sets a Georges Bank cod catch target of 138 mt for the recreational fishery and grants the Regional Administrator authority to set recreational measures for 2018 and 2019 to prevent the catch target from being exceeded. A separate rule implements new Georges Bank cod recreational measures.

Read the final rule as filed in the Federal Register and the permit holder bulletin on our website.

 

NOAA seeks lifetime ban for jailed New Bedford fishing mogul

January 11, 2018 — The National Oceanic and Atmospheric Administration is seeking a lifetime ban from the fishing industry for jailed New Bedford fishing mogul Carlos Rafael, a revocation of the permit for his wholesale fish dealership, and a revocation of 38 fishing permits from 28 of his vessels. NOAA is also seeking new penalties in two additional cases unrelated to the one that put him in prison, according to a spokeswoman for the agency.

Rafael is serving a 46-month sentence after pleading guilty last year to falsifying fish quotas, false labeling of fish species, conspiracy, smuggling large amounts of cash out of the country and tax evasion. In September, a federal judge ordered U.S. Marshals to seize four of his fishing vessels and their fishing permits as part of a plea deal in the criminal case against Rafael, once the owner of one of the nation’s largest fishing fleets.

Rafael owned at least 44 vessels, including 10 vessels with scallop permits and 43 that also had lobster permits, the two most valuable fisheries in the Northeast. Many of those vessels continued to fish, even after he was jailed. But in November, NOAA regional director John Bullard ordered groundfish Sector IX, a fishing cooperative dominated by Rafael to stop fishing, saying the sector had failed to account for his illegal fish and hadn’t enforced its own rules. There are 60 groundfish permits in Sector IX, 22 of which were actively fishing.

Read the full story at the Cape Cod Times

 

Fisheries council boosts Gulf of Maine quotas for cod, haddock, pollock

December 11, 2017 — The New England Fishery Management Council voted to increase cod and pollock quotas for 2018, a move that is expected to benefit New England’s fishing industry.

The council passed a rule Thursday that sets new quotas and has a number of other groundfish adjustments.

The species with substantial quota increases are Georges Bank cod, Gulf of Maine cod, Gulf of Maine haddock and pollock.

The redfish quota will rise by 5 percent.

The biggest percentage increases all were in the Gulf of Maine, where haddock has been nearly tripled to 8,738 tons, and pollock doubled to 37,400 tons.

Cod was increased 156 percent on Georges Bank and 39 percent in the Gulf of Maine, both signs of improving health of the cod stock.

Read the full story at the Portland Press Herald

 

New Bedford seafood manager pleads guilty to tax charges

November 29, 2017 — BOSTON — A New Bedford seafood manager pleaded guilty in federal court in Boston on Tuesday to failing to report earnings on his tax returns.

Orlando Cardoso, 44, pleaded guilty to two counts of filing a false income tax return. Sentencing is scheduled for March 8, 2018. The indictment said that Cardoso was a manager of the scallop division of a New Bedford seafood processor, according to a news release from the U.S. Attorney’s Office.

In 2012 and 2013, Cardoso said his only income was from his employer. However, the Department of Justice said Cardoso had received more $75,000 in cash and checks from his employer’s supplier and failed to report the income on his tax returns.

The charge of filing a false income tax return provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors, authorities said.

Read the full story at the New Bedford Standard Times 

 

Maine weighs lottery to issue first new scallop licenses since 2009

October 18, 2017 — BANGOR, Maine — Nearly a decade after halting new licenses for scallop fishing to protect the stock from depletion, Maine is considering how to encourage new people into the fishery.

Prices for scallops remain historically high, and Maine’s scallop fishermen are getting older, prompting the state to contemplate adopting a lottery system for new licenses. The average age for licensed scallop fishermen in Maine is 51.

Maine’s Department of Marine Resources stopped issuing new scallop fishing licenses eight years ago, when the state fishery was floundering from declining stocks. A new fishery management scheme the state developed and implemented since then has helped stocks recover.

The department now wants to develop a system to start issuing new licenses again but, at the same time, protect the long-term stability of the fishery. DMR officials have said they would like to reduce the number of licenses in the fishery while simultaneously letting new people in, but they are not looking to reduce the number of licenses by a specific amount.

There are approximately 630 licensed scallop fishermen in Maine. Nearly 90 percent drag for the shellfish with nets by boat while the rest dive to collect them by hand.

Read the full story at Bangor Daily News

Hearing Postponed; New York Wind Auction To Proceed As Planned

December 14, 2016 — The U.S. Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) has reportedly come to an agreement with fishermen groups that recently filed a lawsuit to delay the upcoming lease sale of the New York Wind Energy Area.

The Fisheries Survival Fund (FSF) was the lead plaintiff in a suit seeking a preliminary injunction to delay the lease sale for the development of an offshore wind project located approximately 11 miles off the coast of Long Island, N.Y.

The lease sale, scheduled for this Thursday, can now proceed as planned, reports the Associated Press, which says the lawsuit has been delayed so that both parties can have more time to prepare more documents. A hearing is now scheduled for Feb. 8, 2017.

Read the full story at North American Windpower

Court Accepts New Bedford Mayor’s Declaration in Support of Lawsuit Against BOEM

December 9, 2016 — WASHINGTON (Saving Seafood) – This morning, the court accepted a declaration by New Bedford Mayor Jon Mitchell in support of a lawsuit filed yesterday by a group of 12 commercial fishing organizations, businesses and municipalties including the Fisheries Survival Fund and the City of New Bedford. The lawsuit alleges the federal government’s Bureau of Ocean Energy Management (BOEM), failed to adequately consider the voices of commercial fishermen in the consideration of a proposed offshore wind farm off the coast of New York.

“During my administration, the City also has become a national leader in the development of the offshore wind industry,” said Mayor Mitchell. “Among other initiatives, my administration established the New Bedford Wind Energy Center, the only local economic development agency of its kind in the US, and has facilitated investment in port infrastructure and workforce training programs to support the industry.”

When BOEM previously designated wind lease areas off the coasts of Rhode Island and Massachusetts, New Bedford worked hand-in-hand with BOEM to ensure fishing voices were considered. Consequently, the wind lease areas were drawn in such a way that they had minimal impact on the commercial fishing industry. In the case of the proposed New York wind farm, however, BOEM, according to the Mayor, has failed to take the same steps to ensure commercial fishing voices are heard.

“The City of New Bedford is joining this lawsuit because in its assessment of the New York Bight for offshore wind development, BOEM has not properly considered the legitimate concerns of the fishing industry,” said Mayor Mitchell. “I believe the opening of the New York Bight for offshore wind leasing, as currently proposed, will cause direct harm to existing fishing interests in New Bedford and elsewhere.”

Read Mayor Mitchell’s full declaration here

Commercial fishing groups sue to block wind farm auction

December 8, 2016 — Commercial fishing groups, including New England scallopers, have sued the federal government seeking to block a Long Island offshore wind-farm energy auction that is scheduled to take place next week.

The groups, including the Long Island Commercial Fishing Association, seek a preliminary injunction to block the auction for a wind-energy area around 11 miles off the coast of Jones Beach. The groups say the auction and eventual construction of the wind-farm would severely hamper fishing in the area.

The New York State Energy Research and Development Authority is among 14 parties deemed eligible to bid for the right to erect a wind farm in 81,000 acres of water off Long Island’s southern shore. NYSERDA this year took on a project begun by LIPA in 2008, and plans to bid on the area next week, officials have said. NYSERDA also recently completed a three-year study of offshore wildlife in the area.

Robert Vanasse, a spokesman for the fishing groups, said lawyers for fishermen had attempted as recently as last week to work out a compromise on the areas designated for the wind-energy area.

“It became obvious the administration had no interest in working cooperatively,” he said.

Read the full story at Newsday

Fishing groups seek Atlantic wind farm delay

December 8, 2016 — MINEOLA, N.Y. — Commercial fishing companies, trade groups and three fishing-based municipalities are seeking to delay the lease sale of an Atlantic Ocean site between New York and New Jersey that federal officials envision as the home of a massive offshore wind energy project.

The Associated Press obtained a copy of a 45-page motion ahead of its filing Thursday in federal court in Washington, D.C. It seeks a temporary restraining order halting the Dec. 15 lease sale. Those seeking a delay include groups representing scallop and squid fishermen, the Long Island Commercial Fishing Association and the city of New Bedford, Massachusetts.

The motion seeks to delay the Bureau of Ocean Energy Management’s plans for developers to build a 127-square-mile, 194-turbine offshore wind farm. The United States still has no offshore wind projects online, though BOEM has awarded 11 commercial offshore wind leases for sites in the Atlantic. Some major projects have been delayed by political opposition.

A BOEM spokeswoman said the agency doesn’t comment on pending litigation.

The country’s first offshore wind farm, a tiny project off Rhode Island with just a few turbines, is expected to debut this month.

The court motion argues that BOEM failed to consider alternative sites and contends that besides negative impacts on scallop and squid fishing, others who harvest fish species including summer flounder, mackerel, black sea bass and monkfish also would be negatively affected. When it announced final plans for the lease sale earlier this fall, BOEM said it had removed about 1,780 acres from the initial proposal because of environmental concerns.

The plaintiffs referred to that as a “diminutive change” in their motion. The fishing groups said they aren’t opposed to wind farms. But they argue that site alternatives weren’t considered and that conducting site analysis after a lease sale is completed will be too late.

“BOEM must carry out the proper analysis prior to officially leasing out areas to companies for construction, due to the importance of this fishery area,” said James Gutowski, president of the Fisheries Survival Fund, who is a scallop fisherman from Barnegat Light, New Jersey; the group is the lead plaintiff in the lawsuit.

“It must adequately and accurately characterize the potential impacts to the industry from construction on this site,” Gutowski said.

Read the full story at the Associated Press

Scallop & Fishing Industry, Municipalities, Sue Feds to Ensure Seafood Interests Are Considered in NY Bight Wind Energy Project

December 8, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — December 8, 2016 – The Fisheries Survival Fund (FSF), which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay an anticipated lease sale for the development of a 26-mile long wind farm project approximately 11 miles off the coast of Long Island, scheduled for December 15, 2016. The story was broken today by the Associated Press.

The filing alleges that the leasing process for the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen for the 127 square mile wind farm is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned December 15 lease sale, despite fishing stakeholders repeatedly making their concerns known. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social, and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

Several other members of the National Coalition for Fishing Communities (NCFC)—including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resources—have joined the lawsuit. The suit was filed against Secretary of the Interior Sally Jewell, BOEM, and BOEM Director Abigail Hopper.

Organizations joining the lawsuit include: the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce and Rhode Island Fishermen’s Alliance in Rhode Island.

The City of New Bedford, Massachusetts, the nation’s top-grossing fishing port; the Borough of Barnegat Light, New Jersey; and the Town of Narragansett, Rhode Island have joined as plaintiffs. Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock.

The New York Bight consists of the waters from Cape May Inlet in New Jersey to Montauk Point on the eastern tip of Long Island, and offshore to the outer edge of the Continental Shelf, where the coasts of New York and New Jersey form an upside-down L around shallow waters of the Atlantic Ocean.

The plaintiffs are represented by the law firm of Kelly, Drye & Warren.  The case will be heard by Judge Tanya Chutkan in the United States District Court for the District of Columbia, Case No. 1:16-cv-02409.

Press inquiries should be directed to Bob Vanasse at Stove Boat Communications, 202-333-2628.

Read the full legal filing and declarations from the plaintiffs at atlanticscallops.org

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