Saving Seafood

Sunken sanctuary: Former Omega Protein WWII-era vessel becomes artificial reef

December 15, 2015 — For much of the last decade, the MV Shearwater caught menhaden by the ton but in its new life, as part of the Del-Jersey-Land reef 26-miles off the coast, it will become a fish habitat and diving destination in the state’s artificial reef program.

The ship didn’t go easy into the deep last week. The stern sank first and the ship started to turn leaving just the bow out of the water. It took about six hours to fully sink after the seacocks opened and the interior compartments flooded.

The 176-foot-long vessel went down in 120 feet of water. It lays about one-half nautical mile from the 568-foot long USS Arthur W. Radford, a former Navy destroyer. The Radford was sunk at the artificial reef site in 2011 and has become a popular destination for divers and anglers.

“About three weeks ago, a state-record bluefish was caught there,” said Jeff Tinsman, the state artificial reef coordinator.

“These old freighters make ideal reefs because of the voids and cavities in them – they’re really the perfect sanctuary for fish,” Tinsman said. “But not long after this ship sinks, the fish will start to come ‘outside’ it to feed. Within a few weeks, blue mussels, sponges, barnacles and soft corals will attach themselves to the structure, and in about a year, the reef will be fully productive, for fish and fishermen alike.”

Read the full story at Delaware Online

Navy’s new Zumwalt destroyer rescues ailing fishing boat captain off Portland

December 12, 2015 — The Navy’s new stealth destroyer endured a real life-and-death test Saturday when crew members aboard the future USS Zumwalt helped rescue a Maine fisherman suffering a medical emergency at sea.

The Zumwalt, a 600-foot-long guided missile destroyer built at Bath Iron Works, was conducting sea trials early Saturday morning when the U.S. Coast Guard requested assistance from any boats in the vicinity of the fishing vessel Danny Boy, located about 40 nautical miles southeast of Portland at 3 a.m. The captain of the Portland-based Danny Boy, 46-year-old Dale Sparrow, was experiencing chest pains, but a Coast Guard helicopter crew determined it was too dangerous to try to hoist the captain because of the 45-foot boat’s deck configuration.

The Zumwalt responded to the scene and launched an 11-meter “rigid hull inflatable boat” – the type used by Navy SEALs and other special forces – to bring Sparrow on board the destroyer.

“After medical evaluation, the patient was transferred from Zumwalt to a Coast Guard helicopter and then to an area hospital,” a Navy spokeswoman, Capt. Thurraya Kent, said in a statement Saturday night. The Coast Guard said Sparrow was flown to Portland International Jetport and then taken to Maine Medical Center.

Read the full story at Portland Press Herald

 

New England Fishermen File Lawsuit Over At-Sea Monitoring Mandate

WASHINGTON — December 9, 2015 — The following was released by Cause of Action:

Today, Cause of Action is announcing that its clients, David Goethel, owner and operator of F/V Ellen Diane, a 44-foot fishing trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit entity comprised of over 20 groundfishermen located up and down the eastern seaboard, are suing the U.S. Department of Commerce over a program that would devastate much of the East Coast’s ground fish industry.

The complaint challenges the legality of a federal mandate requiring groundfishermen in the Northeast United States to not only carry National Oceanic and Atmospheric Administration (“NOAA”) enforcement contractors known as “at-sea monitors” on their vessels during fishing trips, but to soon begin paying out-of-pocket for the cost of these authorities. In addition to the complaint, the Plaintiffs have filed a motion for a preliminary injunction that would protect fishermen from having to bear the costs of the at-sea monitors.

“Fishing is my passion and its how I’ve made a living, but right now, I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay out of pocket for at-sea monitors,” said Goethel.  “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy. I’m grateful to Cause of Action for giving my industry a voice and helping us fight to preserve our way of life.”

“The fishermen in my sector are hard-working and compassionate folks who would give the shirts off of their backs to help a fellow fisherman in need,” said Northeast Fishery Sector 13 Manager John Haran. “Our sector will be effectively shut down if these fishermen are forced to pay, themselves, for the cost of at-sea monitors.”

“By the federal government’s own estimate, this unlawful regulation will be the death knell for much of what remains of a once-thriving ground fish industry that has been decimated by burdensome federal overreach,” said Cause of Action Executive Director Dan Epstein. “Americans, particularly those who enjoy good, quality seafood, should be extremely concerned that an industry that has been around since before our nation was even founded is slowly going extinct, having been left out at sea by a federal government that seems more interested in caving to special interests than protecting jobs, families and consumers everywhere.”

 

BACKGROUND: 

“Catch Shares” are a fishery management tool that dedicates a secure share of quota allowing fishermen or other entities to harvest a fixed amount of fish. Since 2010, the National Oceanic and Atmospheric Administration has coerced New England groundfishermen like Mr. Goethel into joining a form of catch shares known as “sectors,” where they share quota, and are forced to invite federally-contracted monitors onto their boats anytime they set out to sea. 

Although the agency has claimed in Federal court that “Sector membership is voluntary; permit holders need not join a sector in order to be able to fish,” the reality is they have designed the alternative, known as the “common pool” to be so prohibitive, that fisherman are forced to join a sector to remain economically viable in the groundfish industry. 

Catch Shares were promoted heavily by environmental groups and NOAA during the first years of the Obama Administration. Former NOAA Administrator Jane Lubchenco, asserted that “fisheries managed with catch share programs perform better than fisheries managed with traditional tools.” She promised that catch shares are “the best way for many fisheries to both meet [federal mandates] and have healthy, profitable fisheries that are sustainable.” However, the promises made by Federal appointees and environmentalists have not been fulfilled in New England.

Unfortunately, it’s about to get much worse for these struggling fishermen, who are already policed by the U.S. Coast Guard, the National Oceanic Atmospheric Administration (NOAA) and agents from the U.S. Fish and Wildlife Service. Some time in “early 2016,”, NOAA will begin forcing them to pay the costs associated with having at-sea monitors watch over their shoulders.

This unlawful mandate will cost Mr. Goethel and the groundfishermen of Sector 13 hundreds of dollars per day at sea, which, for many of them, is the difference between sinking and staying afloat. In fact, according to a study produced by NOAA, nearly 60% of the industry will be rendered unprofitable if it is required to pay out of pocket for these monitors. 

NOAA has implemented the industry funding requirement for monitoring despite the fact that:

  • The Secretary of Commerce declared the groundfish fishery an economic disaster in 2012.
  • The industry continues to struggle with the precipitous decline in groundfish profitability, as evidenced by a four-year low in groundfish revenue of $55.2 million for Fishing Year 2013 – a 33.6 percent decline from Fishing Year 2010.
  • Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors, which NOAA has refused to properly utilize and allocate in accordance with congressional intent.
  • NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and “minimize adverse economic impacts on such communities.”
  • As mentioned above, NOAA itself produced a study indicating that upwards of 60 percent of the groundfish industry could be rendered unprofitable if it is required to pay for at-sea monitors.

About David Goethel:

Mr. Goethel, who has been fishing for over 30 years, holds a B.S. in Biology from Boston University, and worked at the New England Aquarium as a research biologist before choosing to go back out to sea as a fisherman. Mr. Goethel served two terms on the New England Fishery Management Council, and has been an advisor to seven state and federal fishery management boards, including the Atlantic State Marine Fisheries Commission and the governor’s commission on marine biology. Mr. Goethel has been awarded the National Fisherman’s Highliners Award for his active involvement in cooperative efforts to research and manage marine fisheries resources, and is a member of the Yankee Fishermen’s Cooperative.

About Northeast Fishery Sector 13:

Northeast Fishery Sector 13 is a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. The number of groundfishing activity within the sector has declined sharply in the past five years due to poor science and overregulation, which has resulted in quota cuts. Click here for more information about the sector.

About Cause of Action:

Cause of Action is a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair.

MEDIA CONTACT: Geoff Holtzman, geoff.holtzman@causeofaction.org, 703-405-3511

Read the Complaint here

Read the Motion here

Watch a YouTube video to learn more about the case here

‘We don’t leave our friends behind’

December 5, 2015 — The story is as chilling as it is all too familiar here in America’s oldest fishing village, where for centuries fishermen, in pursuit of the ocean’s bounty, have fallen prey to nature’s full force and elements that inexorably overwhelm all that is human.

On Thursday, in the rushing darkness of a winter twilight, the three-man crew of the 51-foot Orin C went into the water and only two emerged safely onto the deck of the U.S. Coast Guard’s 47-foot lifesaving boat out of Station Gloucester.

David Sutherland, 47, of 10 Montvale Ave. — known to all along the waterfront as Heavy D — died in the water as the Coast Guard tried to rescue him after his slime eel boat sunk about 12 miles off Thacher Island.

“At the end of the day, we managed to save two men, but we lost one and that’s heartbreaking for his family, this community and for us,” said U.S. Coast Guard Chief Warrant Officer Robert Lepere, the commander at Station Gloucester.

The sinking is being investigated by the National Transportation Safety Board with assistance from the Coast Guard. No cause of death has been released.

The story began to unfold about 9:30 Thursday morning, when Phil Powell of Swampscott, captain of the groundfishing boat Foxy Lady, received word from Sutherland that the Orin C was taking on water and in trouble.

Read the full story at the Gloucester Daily Times

 

 

One dead, two rescued as fishing boat sinks

December 4, 2015 — One is dead but two were rescued by the Coast Guard after their fishing boat sank 12 miles off Thacher Island on Thursday night.

The deceased is identified as fisherman David “Heavy D” Sutherland of Gloucester by witnesses and friends in mourning.

A good Samaritan aboard the Foxy Lady notified watchstanders at the Coast Guard Sector Boston command center about 3 p.m. that the fishing boat Orin C was disabled and needed a tow.

The Foxy Lady, captained by Phil Powell, began towing Orin C toward shore, but high wind and waves impeded the effort, according to the Coast Guard. A large wave reportedly crashed over Orin C’s bow, causing the boat to flood.

Watchstanders at Coast Guard Sector Boston, who had been monitoring the tow on VHF radio, launched a 47-foot Motor Life Boat crew from Station Gloucester.

The crew arrived on scene, passed a pump to the Orin C crew, hooked up tow, and made way toward Gloucester against 30 knot winds and 8-foot seas, the Coast Guard said in a statement.

Read the full story at the Gloucester Daily Times

 

 

NEW JERSEY: Fish cops issue striped bass warning

December 2, 2015 — Federal fishing officials are warning anglers and commercial fishermen it is illegal to catch striped bass in waters outside three miles.

The ban on catching stripers is in an area called the “Exclusive Economic Zone,” or EEZ, which runs from 3 to 200 miles offshore and is under federal jurisdiction. The ban, which dates back to 1990, is not in place in state waters that are inside three miles.

In recent years the National Oceanic and Atmospheric Administration’s Office of Law Enforcement has teamed up with the U.S. Coast Guard and state agencies to enforce the ban. NOAA Fisheries Special Agent Jeffrey Ray said in New Jersey the agency will be working with the N.J. Division of Fish and Wildlife to enforce the ban.

The effort runs from November through February and could include dockside or at-sea inspections as well as aerial reconnaissance.

“There’s a lot of striped bass activity and we want to make sure the information is out there that people cannot catch striped bass in the EEZ. There will be patrols in the EEZ,” said Ray.

In the past the efforts have included putting undercover agents posing as patrons on party and charter boats to make sure they stay within three miles. There have been dozens of cases brought against captains that fished in the EEZ, including one against a charter boat operator based in Avalon several years ago.

Read the full story at Press of Atlantic City

 

Former Dutch Harbor Fisheries Observer Keith Davis Missing At Sea Off Peru

October 26, 2015 — With crab season under way in the Bering Sea, some 70 crab boats are bobbing around Alaska’s Bristol Bay and the Aleutian Islands. About a dozen of those boats have a fisheries observer on board. The observers keep tabs on what the boats haul up from the deep.

Keith Davis was supposed to be one of those observers, but he went missing in September while working on a boat off the coast of South America. KUCB’s John Ryan reports.

TRANSCRIPT

Davis has been a fisheries observer for more than 15 years. His employer says he was planning to return to Dutch Harbor this winter to do more observing work.

But Davis vanished while working on a transshipment vessel about 500 miles off the coast of Peru. He disappeared one afternoon while a boat was offloading tuna to the Taiwanese ship that he was working on. The ship sailed under the flag of Panama.

The Panamanian government, the U.S. Coast Guard and the FBI are investigating his disappearance. Davis’s friends suspect foul play.

Goodman: “Absolutely do.  For a number of reasons.”

Lynn Goodman is a fisheries observer and a friend of Keith Davis.

Goodman: “I met Keith in our Dutch Harbor bunkhouse while we were both observing on crab boats.”

She says Davis was exceptionally safety conscious and there’s no way he would have been on board a ship without a life jacket, let alone just fall off unnoticed.

Read the full story and listen to the audio at KUCB

 

Bill targeting pirate fishing worldwide heads for presidential signature

October 22, 2015 — WASHINGTON — A bill aimed at taking down “pirate” fishing by keeping illegally caught fish out of U.S. ports is headed for President Barack Obama’s signature.

The Senate late Wednesday passed a bill aimed at giving the National Oceanic and Atmospheric Administration and the Coast Guard greater enforcement capabilities to combat illegal and unregulated fishing, a multibillion-dollar problem for Alaska and the U.S. fishing industry.

The bill, which brings together such unlikely bedfellows as Republican lawmakers and Greenpeace, passed the Senate by a unanimous vote. The House passed the same legislation in July.

The bill has the backing of the White House, which determined in 2014 that new legislation was needed to implement a port agreement requiring member countries to reject ships that have illegal product onboard. The European Union, Australia, Chile and New Zealand have signed on, among other countries. Ten more are needed to reach the 25 required before the agreement takes effect, according to environmental group Oceana.

“This important legislation, which imposes added sanctions on countries whose vessels engage in IUU fishing, would provide our authorities the tools they need to fight back against these global criminals and ensure millions of pounds of illegally caught product never reach market,” said Alaska Rep. Don Young, a Republican who co-sponsored the House version of the bill.

Read the full story at Alaska Dispatch News

 

 

RHODE ISLAND: Investigators looking for witnesses of fatal collision between yacht, fishing boat off Napatree Point

October 21, 2015 — WESTERLY, R.I. — A hired crew from New Jersey was piloting the 60-foot yacht that collided with a small fishing boat off Napatree Point last month, fatally injuring an 81-year-old fisherman from Stonington, Conn., investigators said Tuesday.

The yacht, a brand new 2016 Viking Princess 60 model, had been on display at the Newport International Boat Show and was on its way to another boat show in Old Saybrook, Conn., Sept. 22 when it struck the 23-foot Steiger Craft captained by Walter S. Krupinski, the Rhode Island Department of Environmental Management said in a news release.

Read the full story at Providence Journal

 

 

Clarification of Mandatory Safety Exams for Commercial Fishing Vessels

October 20, 2015 — The following was released by the U.S. Coast Guard:

This bulletin provides clarification about the five-year mandatory dockside safety exam that applies to many commercial fishing vessels (CFVs).

• Effective October 15, 2015, the law requires completion of a mandatory dockside safety exam on certain CFVs at least once every five years. (See the answer to first question below to determine if your CFV must comply.)

• Any affected CFV that has not successfully completed a dockside exam on or after January 1, 2013 must get an exam to be in compliance with the law.

• Any affected CFV found not in compliance with the safety exam requirement could be subject to civil penalty action or operational controls.

• We will continue to use the “two-year” Safety Decal for all successful exams, mandatory or otherwise.

• We understand that many vessels have been getting exams more frequently than once every five years, and we will continue to offer a free exam whenever requested or required for another reason.

• We will develop regulations that include the requirement for us to issue a Certificate of Compliance to document a five-year mandatory exam. Until then, we will use the two-year Safety Decal to demonstrate compliance with any exam requirement.

• We still highly encourage you to get an exam every two years to ensure all of your vessel’s safety and survival equipment are up to date and installed properly.

What CFVs are affected by the Exam requirement? A mandatory exam was required by the Coast Guard Authorization Act of 2010 and the Coast Guard and Maritime Transportation Act of 2012, the latter of which required a period of at least once every five years. This applies to State-registered and Federally-documented CFVs that: 1) operate beyond 3 nautical miles from the territorial sea Baseline or Great Lakes coastline; 2) operate anywhere with more than 16 persons on board (including within 3 miles of the Baseline or Great Lakes coastline); or 3) are fish tender vessels engaged in the Aleutian trade. Additional background is in our bulletin of December 2014 and our open letter of August 2015. Both references are available at www.fishsafe.info.

When must I have last had an exam? To meet the mandatory five-year dockside safety exam requirement, a CFV must have successfully completed an exam on or after January 1, 2013. A CFV that has never been examined must have completed an exam prior to October 15, 2015 to be in compliance. A CFV that successfully completed an exam after January 1, 2013 has five years from the date of that successful exam to complete another exam under the law. Please note that other requirements may mean more frequent exams. Fish processing vessels and fish tender vessels engaged in the Aleutian trade require an exam every two years. (See 46 CFR Part 28, Subparts F and G). Also, NOAA’s National Marine Fisheries Service requires vessels that carry a NOAA Fisheries Observer to have passed an exam within the past 2 years or the Observer will not deploy, which may restrict the vessel from fishing. [See 50 CFR, Part 600.746(b)-(d)]. We will schedule and provide a free exam and issue a two-year Safety Decal to meet any requirement whenever requested.

How will the Coast Guard know I’m in compliance with any exam requirement and what happens when a vessel doesn’t meet the mandatory exam requirement? Until regulations are developed creating a Certificate of Compliance, our boarding officers will determine compliance with the five-year mandatory exam requirement by checking the issue date on the decal, or by viewing the exam report/booklet (CG-5587) for the date the exam was successfully completed. If it is within the last five years and on or after January 1, 2013, the vessel meets the requirement. If a vessel is boarded and it hasn’t had the required five-year mandatory or other required exam, the operator or vessel could be subject to civil penalty action or operational controls.

Why is the Coast Guard going to eventually issue a Certificate of Compliance? The law that mandated the dockside safety exams also directed that a Certificate of Compliance be issued to a vessel that meets the requirements of Chapter 45, Title 46 United States Code. A Certificate of Compliance for commercial fishing vessels is still being developed. Until that time, the safety decal will demonstrate compliance with the exam requirement. Note: A copy of the exam report/booklet, also known as Form CG-5587, signed by the examiner and showing the decal number is provided to the owner and/or operator of the vessel after successfully completing and exam. This form also will demonstrate compliance with the exam requirement.

Are Voluntary Exams still offered? Yes. As we have for over 20 years, we will continue to conduct no-cost, no-fault voluntary dockside safety exams on CFVs, issuing a decal valid for two years upon successful completion of the exam. The decal shows compliance with applicable requirements at the time. A voluntary exam is offered as frequently as requested. This program is not changing. We highly recommend every CFV, even those not subject to mandatory exams, maintain a current two-year Safety Decal, which could facilitate a more streamlined safety check if we board you at sea. Please note that we may board you at any time or frequency to ensure compliance with safety and survival equipment and other requirements for your vessel, as well as for fisheries enforcement.

Are the Mandatory and Voluntary Exams the same? Yes. The safety and survival equipment and systems requirements that are checked for compliance on a vessel are the same whether it is a required exam or one voluntarily requested, and a safety decal will be issued in either case when completed successfully.

How do I request a Dockside Safety Exam? Request and schedule an exam by contacting your local Coast Guard Fishing Vessel Safety Examiner directly, or via a link on the Coast Guard’s CFV Program web site at www.fishsafe.info. Third party organizations are also authorized to conduct dockside safety exams and issue decals on behalf of the Coast Guard; they include American Bureau of Shipping (ABS), Det Norske Veritas/ Germanischer Lloyd (DNV/GL), Society of Accredited Marine Surveyors (SAMS), National Association of Marine Surveyors (NAMS), NAVTECH US Surveyors Association, and Bowditch Marine, Inc. These organizations should be contacted directly to schedule an exam. They can conduct the mandatory exam, a required exam, or a voluntary exam.

Who should I contact if I have questions? Please contact the Coast Guard Office of Commercial Vessel Compliance, Fishing Vessels Division (CG-CVC-3) at 202-372-1249 or by email at CGCVC@uscg.mil. Or, you may also contact your local Coast Guard District Fishing Vessel Safety Coordinator or local Sector Fishing Vessel Safety Examiner. The points of contact for these individuals can be found on the web site, www.fishsafe.info, by selecting the “Locate Examiners” tab.

View a PDF of the bulletin