Saving Seafood

Commercial fishermen question wind farm video

February 16, 2018 — BOSTON — Offshore wind proponents are touting new undersea footage that suggests a vibrant marine habitat is growing around the nation’s first offshore wind farm — a five-turbine operation off Rhode Island’s waters.

The American Wind Energy Association, an industry trade group, says the roughly two-minute clip it posted on YouTube this week shows the potential for the nation’s fishing industry as larger projects are envisioned up and down the East Coast.

“The turbine foundations are now acting as an artificial reef,” said Nancy Sopko, the wind energy association’s director of offshore wind and federal legislative affairs. “This is a success story that can be replicated all along our coastlines.”

But the video does little to temper the concerns of commercial fishermen, who are worried about navigating dense forests of turbines to get to their historic fishing grounds, says Jim Kendall, a former scallop fisherman in New Bedford, Massachusetts.

“This is nice and fun to see, but it doesn’t tip the conversation,” Seth Rolbein, of the Cape Cod Commercial Fishermen’s Alliance in Chatham, Massachusetts, said of the video.

Offshore wind developers from New England to the Carolinas are racing to build the nation’s first large-scale wind farm. Many of the projects call for hundreds of turbines to be built miles away from shore, sometimes within or along the path to lucrative fishing spots.

The wind energy association video shows beds of mussels taking shape and small fish swimming around the turbine bases. The brief underwater footage is juxtaposed with longer testimonials from local recreational fishermen and charter boat owners who say the Deepwater Wind project has been a boon for them since opened it more than a year ago.

Read the full story from the Associated Press at the New Bedford Standard-Times

 

‘Groundbreaking’ fish protection plan in place in Northeast

January 5, 2018 — The following is excerpted from an article by Doug Fraser of the Cape Cod Times:

After 14 years of research, negotiations, hearings and two additional years of review, New England has a plan that uses science and the latest technology to decide which areas are important for the critical life stages of fish and shellfish species and how to protect them.

John Bullard, the regional director of NOAA’s Greater Atlantic Regional Fisheries Office, informed New England Fishery Management Council Chairman John Quinn in a letter Wednesday that his agency had approved most of their fish habitat protection plan.

“It was a massive undertaking and your staff, especially Michelle Bachman, should be proud of their groundbreaking work that went into supporting this amendment,” Bullard wrote in the letter. The council staff, along with researchers from the National Marine Fisheries Service, state fisheries agencies, and universities, especially the University of Massachusetts Dartmouth’s School for Marine Science and Technology, put together models that incorporated photographic and other surveys of the ocean bottom with known areas of fish concentration and other research on spawning and other life stages, that helped the council evaluate what should be protected and how.

“The fact that it dragged on so long, people miss how groundbreaking this really is,” said Tom Nies, the New England council’s executive director. Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating, Nies said. Now, with a model that compares the sea bed with the impact of fishing, they can make decisions he feels will have greater significance to restoring and protecting fish stocks. Plus, the habitat plan also set aside research areas to investigate the link between habitat and fish productivity, a piece of the puzzle that has seen relatively little conclusive research.

“If you compare where we are with this amendment in terms of how they were developed and analyzed versus the original habitat areas in 2002 and 2003, we are light years ahead of where we were then,” Nies said.

Scallopers from both the big boat and small boat fleets, which are often at odds, traveled to Washington in October to lobby [U.S. Rep. William] Keating and other congressmen on getting NMFS to finish its review of the habitat plan and open the area up to scalloping before that population died off. Their message was that allowing them into scallop-rich, nonessential fish habitat meant they spent far less time towing their heavy dredges through areas fish do use.

“From our perspective, it’s really heartening that they heard our concerns,” said Seth Rolbein, director of the Cape Cod Fisheries Trust, speaking for the Cape Cod Commercial Fishermen’s Alliance.

David Frulla, an attorney and lobbyist representing limited access scallop vessels, and Fisheries Survival Fund attorney Andrew Minkiewicz agreed the council and NOAA made the right decision in closing the Great South Channel and opening the scallop grounds in what is known as Closed Area I. But they felt that there was just as much evidence to open up a portion of a second closed area on Georges Bank over 100 miles east of the Cape that had historically produced as much as 50 million pounds of harvested scallops. Bullard said more information would be needed for his agency to do that right now.

“There are only so many highly productive scallop beds, and this is one of them,” Minkiewicz said. Frulla admitted that the bottom there is more complex and may be harder to determine its value to fish, but Minkiewicz said adding another prime scallop area keeps scallopers away from the bottom where fish do congregate.

Assistant Regional Administrator Michael Pentony told Quinn in an email that his agency expected to publish the final rule containing the regulations to implement the plan this spring.

Read the full story at the Cape Cod Times

 

Cape Cod fishermen push for action on habitat protection

October 25, 2017 — CHATHAM, Mass. —  The concept of fish habitat is pretty simple. Fish, like people, need a place where they can find food and shelter to thrive.

Part of managing fisheries is identifying and protecting that habitat. But the ocean is a big place and a difficult environment to do analysis. Politically, it’s also fractious terrain as fishermen worry about the balance between conservation and being shut out of traditional and productive fishing grounds.

And so, it took 14 years for the New England Fishery Management to craft regulations protecting fish habitat, passing Omnibus Habitat Amendment 2 in June of 2015. But after over two years of review by the council and the National Marine Fisheries Service, it still hasn’t been implemented, and Cape scallop fishermen are worried they may lose hundreds of millions of dollars worth of scallops that will perish before they get permission, under the habitat amendment, to enter closed areas and get them.

“It’s a desert with scallops,” said Seth Rolbein, director of the Cape Cod Fisheries Trust, describing what he said is sandy bottom 50 miles east of Cape Cod in an area closed to fishing since 1994. Bottom surveys, including video surveying, have shown it is loaded with scallops that should be harvested before they die within the next year or two.

“These are older, mature scallops,” Rolbein said. “If we let them go moribund we will have destroyed an important economic resource.”

The New England council estimated fishermen would gain $218 million in income in 2018 and $313 million in the first three years, largely from access to this mother lode of scallops.

Provincetown fisherman Beau Gribbin said many of these scallops are 8 years old, they die off at 10, and the meat becomes less desirable after eight years.

Gribbin employs six people to run two boats out of Provincetown. He scallops from December to July and then goes lobstering for the rest of the year. He owns a portion of the overall scallop quota and has to stop scalloping when it is caught. Although it would take him 12-14 hours each way to travel 84 miles to the closed area, he could catch his daily quota of 600 pounds in just a couple of hours because they are so plentiful. It can take 12 hours to do that in other areas and cause more damage to the bottom habitat used by fish and other species.

Plus, it helps him market and plan his fishing year if he knows he will be able to catch his daily quota each day.

“The time is now to harvest them,” said Andrew Minkiewicz, an attorney for the Fisheries Survival Fund, which represents many of the large New Bedford scallop vessels. These large vessels, known as limited access scallopers, have much higher catch limits, in the tens of thousands of pounds per trip, while the smaller boats in the 40- to 50-foot range and known as general category scallop vessels are limited to 600 pounds per day.

Read the full story at the Cape Cod Times 

 

 

Constitutionality of seizing Carlos Rafael’s permits in question

September 27, 2017 — BOSTON –Judge William Young decided half of Carlos Rafael’s fate on Monday: The New Bedford fishing mogul was sentenced to 46-months in prison with three years supervised release and a $200,000 fine.

The other half, which Young continues to take under advisement, involves the 65-year-old’s 13 groundfish vessels and permits.

In court Monday, Young repeatedly questioned the constitutionality of the forfeiture, citing the excessive fines clause in the Eighth Amendment.

Young said courts with higher authority have heard and decided that fines exceeding four-times the maximum guideline are unconstitutional.

Regardless of how many permits Young orders to be forfeited, he made it clear he has no authority to decide what’s done with them.

NOAA’s guidelines call for the permits to be redistributed throughout the Northeast, which is why for months organizations and politicians have publicly called for redistribution or a deal that would remove Rafael from the industry. Many arguments focused on all 13, without consideration of a partial forfeiture.

Argument against redistribution

Allyson Jordan actually contributed to a portion of Rafael’s groundfish permits.

She sold two boats and four groundfish permits. Jordan said Maine’s fishermen had no interest in the permits until Rafael entered the picture.

“He bought permits and boats to make his business survive,” Jordan said. “I don’t believe they should be given back to the state of Maine. The state of Maine did nothing to help my industry, not to mention my business.”

“Everyone is coming out of the woodworks now,” Jordan said. “To be honest, they could have bought the permits.”

Support of redistribution

The Cape Cod Commercial Fishermen’s Alliance, which also manages the Cape Cod Fishermen’s Trust, also contributed to Rafael’s enterprise, but argued for redistribution of the permits as well as better monitoring.

According to Seth Rolbein, the director of the Cape Cod Fisheries Trust, Rafael acquired more nearly a million pounds of quota from the Trust.

From 2011 through 2015, the Trust leased 992,646 pounds of quota. The Trust has no records from 2010 and didn’t lease any to Sector IX after the U.S. Attorney released the indictment, tying Rafael to falsely labeling fish quotas.

“Our priority is to service our fishermen and our community,” Rolbein said. “If there are fish stock that our community is not using that we can not lease out at our subsidized rate to our own fishermen, we then will lease out to other sectors. The trust will lease fish to other sectors. But we will only do that once we’re satisfied that our own fishermen can’t use or don’t have use for that quota.”

What’s next?

The defense revealed Monday that Richard and Ray Canastra, of Whaling City Seafood Display Auction, have entered a Memorandum of Agreement to purchase Rafael’s entire fleet. Neither the U.S. Attorney nor NOAA have taken a final position on the sale.

Read the full story at the New Bedford Standard-Times