Saving Seafood

NEFMC Seeks AP Applicants for 2020-2022; Adds Dedicated Rec Seat on Herring and Habitat APs

June 25, 2019 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is soliciting applicants to serve on its advisory panels (APs) for the next three years. Terms will run from January 2020 through December 2022. The application deadline is August 31, 2019.

“Our advisory panels are extremely important to our process. They help Council members make more informed decisions,” said Council Executive Director Tom Nies. “We’re looking for applicants who understand their fisheries and are ready to commit to an active role on an AP. While we recognize that being an AP member can be challenging and sometimes time-demanding, the Council benefits from the expertise of its AP members and genuinely appreciates their involvement in the development of our actions.”

Read the full release from the NEFMC

NEFMC SSC – Listen Live – Friday, March 29, 2019, Research Priorities

March 22, 2019 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council’s Scientific and Statistical Committee (SSC) will meet via webinar on Friday, March 29, 2019, to discuss the Council’s research priorities.  The public is invited to listen live via webinar or telephone.  Here are the details.

START TIME:  10:00 a.m.

WEBINAR REGISTRATION:  Online access to the meeting will be available at Listen Live.  There is no charge to access the meeting through this webinar.
CALL-IN OPTION:  To listen by telephone, dial +1 (562) 247-8422. The access code is 121-407-301.  Please be aware that if you dial in, your regular phone charges will apply.
 
AGENDA:  The SSC will:
  • Review research priority updates suggested by the Council’s committees and Plan Development Teams and provide the Council with recommendations about revisions to the Council’s research priorities that were developed in 2018;
  • Receive an informational briefing on the Northeast Fisheries Science Center’s latest Ecosystem Status Report on the Northeast Continental Shelf ecosystem; and
  • Conduct other business as needed.
COMMENTS:  The deadline for submitting written comments for consideration at this meeting is 5 p.m. on Tuesday, March 26, 2019.  Address comments to Council Chairman Dr. John Quinn or Executive Director Tom Nies and email them to comments@nefmc.org.  The address for mailing comments via the U.S. Postal Service is:  New England Fishery Management Council, 50 Water Street, Mill #2, Newburyport, MA  01950.
 
MATERIALS:  Meeting materials will be posted on the Council’s website at SSC March 29, 2019 documents. 
 
QUESTIONS:  Contact Joan O’Leary at (978) 465-0492 ext. 106, joleary@nefmc.org or Janice Plante at (607) 592-4817, jplante@nefmc.org.

Fish council to review catch share regulations

November 1, 2018 — In May 2010, the world of the Northeast groundfishermen experienced a seismic transformation, as federal fishery managers ditched days-at-sea as its primary management tool and implemented a sector system centered on an expanded catch share program.

Now, nearly nine years later, the New England Fishery Management Council said it will conduct its first comprehensive evaluation of the groundfish catch share program to determine whether it is meeting its goals and objectives to improve the management of the fishery.

The review, according to council Executive Director Tom Nies, is not connected to any specific event or issue within the fishery, such as the widescale cheating, sector manipulation and ultimate conviction of New Bedford fishing kingpin Carlos A. Rafael.

“It’s not a response to Carlos, but it may help us identify areas related to his activities that we can address,” Nies said Wednesday.

The Magnuson-Stevens Fishery Conservation and Management Act and the National Oceanic and Atmospheric Administration’s own catch share policy actually mandate that the councils periodically produce “a formal and detailed review … no less frequently than once every seven years” on catch share programs.

“This is the first review, really, since catch shares originally were implemented in 2004, and more importantly, expanded in 2010,” Nies said. “It’s been on our radar for a couple of years. The next step is to assemble a staff and get the report written.”

Read the full story at the Gloucester Daily Times

Pentony steps into NOAA’s top Atlantic post with much underway

January 15, 2018 — Michael Pentony, John Bullard’s successor as administrator of the National Oceanic and Atmospheric Administration’s (NOAA) Greater Atlantic region, is a “straight shooter,” who works toward “yes,” and has a lot of experience on fisheries management issues, sources tell Undercurrent News.

NOAA ended months of speculation on Thursday when it announced that Pentony, a long-time NOAA staffer and also a one-time member of the New England Fishery Management Council (NEFMC) staff, was its pick to lead all fishery policy making in the 100,000 square mile long region that stretches from the state of Maine to Cape Hatteras, in North Carolina, and the Great Lakes.

“Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job. He is going to hit the ground running,” assured Chris Oliver, director of NOAA Fisheries, in a statement announcing the decision.

Bullard announced his retirement back in July, ending a nearly six-year rein in the region’s top spot, which comes with an office in Gloucester, Massachusetts, and beginning the agency’s search for a replacement. He said at the time that he had a long list of chores to complete before he could finish, most of which he took on during a recent flurry of activity at the agency.

However, Bullard left quite a few big matters for Pentony to finish up.

Pentony, who is set to assume his new role on January 22, enters his new job at the end of an eventful period, including the prosecution and sentencing of the owner of New England’s largest fishing operation, Carlos Rafael.

Read the full story at Undercurrent News

 

NMFS Approves New England Council Habitat Amendments; Will Provide Boost to Scallops up to 60 Million lbs

January 10, 2018 — SEAFOOD NEWS — NMFS has given formal approval to the New England Council’s Fish habitat amendment that makes major changes in rules regarding closed areas in New England.

The most immediate impact is on scallops, where NMFS approved the opening of closed area 1 and the Nantucket Lightship area.  The concept here was that an abundance of scallops in these areas would lead to rapid harvesting, and a lower swept area by scallop dredges than if vessels were trying to gain their allocations outside the closed areas.

Also research has shown that these were not significant areas for fish spawning.  The approval means that the options for scallop harvest will be at the maximum level considered by the council, which projects about 60 million pounds of scallop landings for the 2018-19 season.

NMFS rejected the opening of closed area II on Georges Bank, which is also a major scallop producer.

Overall, full time license holders will get a total of 6 closed area trips of 18,000 lbs each, along with 24 days at sea in the open areas.

The habitat framework is the most far reaching adjustments of closed areas in 20 years, and it will provide better protection for both fish and habitat while eliminating closures that no longer serve their intended purpose.

The major change that was not allowed by NMFS was the opening of Eastern Georges Bank, called closed area II.  This is the so called Northern Edge, which historically was one of the most abundant scallop producing areas.  NMFS is keeping it closed to protect habitat.

Council Executive Director Tom Nies said, “Naturally we’re disappointed that our proposed Closed Area II changes were not approved, but the fact that the vast majority of the amendment will be implemented is a solid endorsement of the work the Council and staff did to dramatically change the closure system off New England.”

The habitat framework also establishes a series of seasonal cod spawning closures to all gear, both recreational and commercial; and it also sets a number of areas where bottom trawl gear is prohibited, but the council makes distinctions in many areas that will allow use of gillnets and lobster gear, as well as scallop and clam dredging.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

NEFMC: NMFS Approves “Majority”of Council’s Habitat Amendment

January 8, 2018 — The following was released by the New England Fishery Management Council: 

NOAA’s National Marine Fisheries Service (NMFS) has approved – with two exceptions – the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2 (OHA2), paving the way for sweeping change to the existing network of closed and management areas in the Gulf of Maine, Southern New England, and Georges Bank. The changes will provide better protection for both fish and habitat while eliminating closures that no longer serve their intended purpose. The final rule implementing the new regulations will not be published until later this winter, but NMFS informed the Council on January 3 of its decision to approve “the majority” of the amendment, which sets the stage for what’s to come.

Two of the Council’s proposed habitat management areas (HMAs) were disapproved:

  • Cox Ledge in Southern New England; and
  • Eastern Georges Bank, which called for the removal of Closed Area II as currently configured, replacing it with new management areas that would have allowed fishermen to access the abundant scallop resource on the Northern Edge.

Council Executive Director Tom Nies said, “Naturally we’re disappointed that our proposed Closed Area II changes were not approved, but the fact that the vast majority of the amendment will be implemented is a solid endorsement of the work the Council and staff did to dramatically change the closure system off New England.”

As for the disapproved measures, Nies said, “We’ll be discussing NMFS’s comments at our late-January meeting, and the Council may decide it wants to revisit these issues going forward.”

The habitat amendment has five key purposes, which are to: (A) designate essential fish habitat (EFH) by lifestage for each species managed by the Council; (B) minimize the adverse effects of fishing on EFH to the extent practicable – a monumental undertaking that took years to carry out using the state-of-the-art Swept Area Seabed Impact model known as SASI; (C) identify other actions to encourage conservation and enhancement of habitat; (D) improve protection of habitats on which juvenile groundfish depend; and (E) improve protection of spawning groundfish.

The Council used six types of management approaches to achieve these purposes: (1) the EFH designations; (2) Habitat Areas of Particular Concern (HAPCs); (3) Habitat Management Areas; (4) Spawning Management Areas; (5) Dedicated Habitat Research Areas; and (6) changes to approaches involving framework adjustments and monitoring.

NMFS approved:

  • All of the Council’s EFH designations;
  • All of the HAPC designations, including: (a) the two existing ones for Atlantic Salmon and Northern Edge Juvenile Cod, (b) four new ones called Inshore Juvenile Cod HAPC, Great South Channel Juvenile Cod HAPC, Cashes Ledge HAPC, and Jeffreys Ledge/Stellwagen Bank HAPC, (c) 11 deep-sea canyons, and (d) two offshore seamounts;
  • Most of the Habitat Management Area measures, including: (a) establishing new HMAs in Eastern Maine and on Fippennies Ledge where mobile bottom-tending gear is Hake and red crab along the slope between Heezen and Nygren Canyons. – 2013 Northeast U.S. Canyons Expedition image. prohibited, (b) maintaining the Cashes Ledge Groundfish Closure Area with current restrictions and exemptions, (c) modifying both the Cashes Ledge and Jeffreys Ledge Habitat Closure Areas, which are closed to mobile bottom-tending gear, (d) prohibiting all fishing gear except lobster pots in the Ammen Rock Area, (e) maintaining the Western Gulf of Maine (WGOM) Habitat Closure Area, which is closed to mobile bottom-tending gear, (f) aligning the boundaries of the WGOM Groundfish Closure Area to match the WGOM Habitat Closure Area, (g) exempting shrimp trawling from the northwest corner of the WGOM areas, and (g) identifying the existing Gulf of Maine Roller Gear restriction as a habitat protection measure

Also related to Habitat Management Areas, NMFS approved the Council’s proposals to open up prime scallop fishing bottom in Closed Area I and the western portion of the Nantucket Lightship Area. In short, the current Closed Area I Habitat and Groundfish Closure Area designations will be removed, as will the Nantucket Lightship Habitat and Groundfish Closure designations.

Instead of keeping these less-effective habitat/groundfish areas in place, the Council established a Great South Channel HMA, which will be closed to: (1) mobile bottom-tending gear throughout the area; and (2) clam dredge gear in the northeast section (see map on page 1). NOTE: Clam dredge gear will be allowed throughout other parts of the area for one year while the Council considers refinements through a Clam Dredge Framework, which is under development. OHA2 also created a new research area for Georges.

Learn more about how the Closed Area I and Nantucket Lightship actions will be impacting scallopers at: http://s3.amazonaws.com/nefmc.org/NEFMC-Scallop-FW-29-Advances-Following-Habitat-Decision.pdf

Two new Dedicated Habitat Research Areas (DHRAs) will be established through this habitat amendment as well, each with a three-year sunset provision. One is on Stellwagen Bank within the Western Gulf of Maine Closure Area, and the second is on Georges Bank in what is the current Closed Area I South Habitat Closure Area. These areas will be the focus of coordinated research to improve understanding of the ecological effects of fishing across a range of habitats and, ultimately improve model forecasts. The Council identified a set of priority research questions that the DHRAs should address. The questions are based on four broad focus areas: (1) gear impacts; (2) habitat recovery; (3) natural disturbance; and (4) productivity.

View the release in its entirety here.

 

‘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

 

NEFMC to Review Carlos Rafael Sentence, Tuesday, September 26

September 26, 2017 — The following was released by the New England Fishery Management Council:

As many of you are aware, Carlos Rafael was sentenced today, September 25, 2017, in U.S. District Court in Boston.  The case reference is “United States of America v. Carlos Rafael No. 16-CR-10124-WGY.”  A press release describing the sentence was issued by the U.S. Attorney’s Office for the District of Massachusetts.  It is available at Rafael Sentencing.

The New England Fishery Management Council will review the sentence tomorrow morning, Tuesday, September 26, shortly after opening up its three-day meeting in Gloucester, MA at the Beauport Hotel.  Reappointed Council members will be sworn in, and the annual election of officers will be conducted before the Rafael case is discussed.

WEBINAR INFORMATION:  A webinar is available for this meeting.  Registration details can be found at webinar.  The agenda and meeting materials are at NEFMC.

THE SENTENCE:  The U.S. Attorney’s Office stated, “Carlos Rafael, 65, of Dartmouth, was sentenced by U.S. District Court Judge William G. Young to 46 months in prison and three years of supervised release, during which time he is banned from working in the fishing industry.  The Court also ordered Rafael to pay a fine of $200,000 and restitution to the U.S. Treasury of $108,929.  Rafael may also be subject to forfeiture of a portion of his fishing fleet, but the Court held that issue for further consideration.”

EXECUTIVE DIRECTOR’S COMMENT:  Immediately following the sentencing, New England Fishery Management Council Executive Director Tom Nies said, “Carlos Rafael is a criminal who stole from his fellow fishermen and the public by intentionally misreporting his catch.  His conduct was reprehensible and the criminal penalties he received are well-deserved.  We once again thank our government enforcement agencies for bringing him to justice.”

WHAT RAFAEL DID:  “From 2012 to January 2016, Rafael routinely lied to the National Oceanic and Atmospheric Administration (NOAA) about the quantity and species of fish his boats caught in order to evade federal quotas designed to guarantee the sustainability of certain fish species,” stated the U.S. Attorney’s Office.  “During that period, Rafael misreported to NOAA approximately 782,812 pounds of fish, telling NOAA that the fish was haddock, or some other abundant species subject to high quotas, when in fact the fish was cod, sole, or other species subject to strict quotas.  After submitting false records to federal regulators, Rafael sold much of the fish to a wholesale business in New York City in exchange for duffle bags of cash.  During meetings with the undercover agents, Rafael said that in his most recent dealings with the New York buyer he received $668,000 in cash.  Rafael smuggled at least some of that cash out of the United States to his native Portugal, hiding it there to evade federal taxation on that revenue.”

GUILTY PLEA:  The U.S Attorney’s Office stated, “In March 2017, Rafael pleaded guilty to one count of conspiring to commit offenses against the United States, 23 counts of false labeling and fish identification, two counts of falsifying federal records, one count of bulk cash smuggling, and one count of tax evasion.  He was initially arrested and charged in February 2016.  Rafael, the owner of Carlos Seafood Inc., based in New Bedford, Mass., owned 32 fishing vessels through independent corporate shells and 44 permits, which amounted to one of the largest commercial fishing businesses in the United States.”

Conservation Law Foundation submits victim impact statement in Carlos Rafael case

September 7, 2017 — NEW BEDFORD — Within the past 10 days, the Conservation Law Foundation sent three letters to various individuals involved — either directly or indirectly — with the Carlos Rafael case.

The foundation doesn’t represent any party directly, but its goal is to “use the law, science and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy,” according to its website.

CLF sees Rafael’s guilty plea in March to illegal fishing as infringing on its principles.

“Discovering there’s been someone who has been systematically trying to undercut management, from our perspective not only harms the fisheries but also the work we’ve done,” senior counsel for CLF Peter Shelley said.

Shelley drafted all three letters. The first, he sent Aug. 29 to the New England Fishery Management Council’s Chair John Quinn and Executive Director Thomas Nies.

The second was addressed to NOAA’s John Bullard, the regional administrator, and Joe Heckwolf, an enforcement attorney, was sent Sept. 1.

The final letter, dated Sept. 6, was addressed to Judge William Young, who presided over Rafael’s plea agreement and will sentence the New Bedford fishing giant on Sept. 25 and 26.

Read the full story at the New Bedford Standard-Times

 

New England Council Seeks Applicants for Scallop Advisory Panel Vacany

August 11, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council is soliciting applications to fill a vacancy on its Scallop Advisory Panel.  The application deadline is Tuesday, September 12, 2017.

PURPOSE:  The Scallop Advisory Panel provides information and guidance to the Council and its Scallop Committee on scallop management actions and fishery-related issues.  Visit the Council’s scallop webpage at http://www.nefmc.org/management-plans/scallops.

NOTE:  This solicitation notice is related to a recent vacancy.  Anyone who applied to serve as a scallop advisor within the past year need not reapply if the original application form does not need to be updated.  The appointed advisor will serve through 2020.

APPLICATION FORMS:  Copies of the solicitation announcement, application form, and advisory panel policy can be found at http://www.nefmc.org/news/scallop-advisory-panel-vacancy-announcement.

DEADLINE:  Completed application forms must be received by 5:00 p.m. on Tuesday, September 12, 2017.  Paper forms should be mailed to:  Tom Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.  Faxed copies can be sent to (978) 465-3116.  Electronic copies can be emailed to Joan O’Leary at joleary@nefmc.org.

QUESTIONS:  For more information, call or email Janice Plante at (607) 592-4817, jplante@nefmc.org.