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EDF proposes steep fines on Rafael to create โ€˜Groundfish Monitoring Fundโ€™

May 23, 2017 โ€” Carlos Rafael can do some good for the fishing industry, fishermen and fish stocks he so badly damaged during his decades of fraud, argue Environmental Defense Fund (EDF) leaders Matt Tinning and Johanna Thomas in a recent opinion piece in South Coast Today. 

โ€œLeaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.โ€

Specifically, they call for the creation of a a Groundfish Monitoring Fund. Tinning is senior director of the EDFโ€™s US oceans program; and Thomas is the New England regional director for EDF.

They argue, โ€œOne of the major causes of the New England cod crisis, and a key enabler of Rafaelโ€™s crimes, is inadequate monitoring of the groundfish fleet,โ€ they state in the article. โ€œOnly one out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery canโ€™t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafaelโ€™s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

โ€œA Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.โ€

Read the full story at Undercurrent News

NOAA Warns of Continuing Species Shifts Due to Warming Oceans

May 19, 2017 โ€” Scientists using a high-resolution global climate model and historical observations of species distributions on the Northeast U.S. Shelf have found that commercially important species will continue to shift their distribution as ocean waters warm two to three times faster than the global average through the end of this century. Projected increases in surface to bottom waters of 6.6 to 9 degrees F (3.7 to 5.0 degrees Celsius) from current conditions are expected.

The findings, reported in Progress in Oceanography, suggest ocean temperature will continue to play a major role in where commercially important species will find suitable habitat. Sea surface temperatures in the Gulf of Maine have warmed faster than 99 percent of the global ocean over the past decade. Northward shifts of many species are already happening, with major changes expected in the complex of species occurring in different regions on the shelf, and shifts from one management jurisdiction to another. These changes will directly affect fishing communities, as species now landed at those ports move out of range, and new species move in.

โ€œSpecies that are currently found in the Mid-Atlantic Bight and on Georges Bank may have enough suitable habitat in the future because they can shift northward as temperatures increase,โ€ said lead author Kristin Kleisner, formerly of the Northeast Fisheries Science Center (NEFSC)โ€™s Ecosystems Dynamics and Assessment Branch and now a senior scientist at the Environmental Defense Fund. โ€œSpecies concentrated in the Gulf of Maine, where species have shifted to deeper water rather than northward, may be more likely to experience a significant decline in suitable habitat and move out of the region altogether.โ€

Read the full story at The Fishing Wire 

Pacific Council Approves Electronic Monitoring for West Coast Trawlers

April 11, 2017 โ€” SEAFOOD NEWS โ€” The Pacific Fishery Management Council heard updates on an exempted fishing permit (EFP) and took final action to approve electronic monitoring (EM) in the bottom trawl and non-whiting midwater trawl fisheries. The Council is meeting this week in Sacramento, Calif.

Fishermen, regulators and NGOs like Environmental Defense Fund and The Nature Conservancy have long been interested in EMโ€™s potential as an alternative to the 100 percent human observer coverage requirement for fishing vessels targeting groundfish in the two trawl sectors. This is a follow-on to the Councilโ€™s 2016 action authorizing EM for the fixed gear and whiting sectors of the fleet, and once implemented will allow anyone in the West Coast trawl groundfish catch shares program to use EM in lieu of human observers.

Four EFPs for the various gear types have been active since 2015, testing camera systems and EM video data review protocols, and evaluating costs for fishermen. The Councilโ€™s final action builds on lessons learned in those EM trials and reflects increased confidence that EM can work in the trawl sector.

Although some questions remain about the final EM program โ€“ including a formal implementation date, optimal level of video review, specifics of estimating Pacific halibut bycatch mortality and whether the video review contract now held by Pacific States Marine Fisheries Commission will need to go out for third-party bids โ€“ the approval is a significant step forward for groundfish trawlers.

In addition to recommendations from its Groundfish Electronic Monitoring Policy Advisory Committee (GEMPAC), Groundfish Management Team (GMT) and Groundfish Advisory Panel (GAP), the Council also heard public comments from industry reps, EFP participants and NGOs involved with the EFPs. Based on those aligned recommendations, the Councilโ€™s near-unanimous motion aimed at maintaining necessary accountability at the lowest possible cost included:

  • That logbooks serve as the primary data source for documenting at-sea discards, and that video review serves to confirm the accuracy of logbook data;
  • That review rates for video begin at 100 percent but will be lowered in the future to the level sufficient to confirm the accuracy of discard data and maintain incentives for fishermen to continue employing best practices;
  • That Pacific States Marine Fisheries Commission continues as the video reviewer;
  • That methods to accurately account for discard mortality of Pacific halibut be developed.

Oregon Trawl Commission Director Brad Pettinger noted in his testimony that the significant cost-savings potential of EM โ€“ while maintaining 100 percent accountability โ€“ can add substantially to a fishing vesselโ€™s bottom line.

โ€œThe indicators are that we can eventually get costs-per-day to the $200 โ€“ $300 range, which would be a dramatic cost savings over human observers,โ€ Pettinger said in a statement.

Costs of human observers on vessels are estimated at around $500 or more per day.

Trawl sectors such as Pacific whiting would likely see greater cost savings than non-whiting trawl groundfish sectors.

The West Coast trawl catch shares program also utilizes catch monitors at the first receiver to track offloads. As participants have noted, human observers typically step off the vessel to become the catch monitor during offload.

The Environmental Defense Fund noted that while catch monitors are not part of the EFP, the issue should be addressed in the future.

โ€œIn geographically dispersed, lower volume ports (such as in California), the ability to train and retain [catch monitors] has been challenging. We have heard from industry as well as CM contractors that filling and funding these positions has been challenging under an EM model,โ€ EDF noted in a public comment letter to the Council. โ€œWe encourage Council and NMFS to consider allowing cameras dockside, relaxing eligibility requirements for CMs or a combination of both to address this oncoming problem before it starts to prohibit participation in the fishery.โ€

A consistent theme of both Council and hallway discussions was that NMFS should look for every opportunity to streamline implementation procedures, keep costs down and put EM on the water as soon as practicable.

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

West Coast Trawlers Receive Permits to Target Rebuilt Rockfish Stocks

March 6, 2017 โ€” SEAFOOD NEWS โ€” West Coast groundfish trawlers are fishing for rockfish again โ€” finally.

Rockfish was once targeted by trawlers and a popular item sold in stores and restaurants, but some species were listed as overfished in the early 2000s. Measures to rebuild the stocks to healthy levels led to constraints on both targeted and non-targeted species. Recent stock assessments show rockfish are abundant and healthy.

That situation helped support the National Marine Fisheries Service approving an exempted fishing permit for trawlers in the catch shares program. The exempted fishing permit, or EFP, could result in significant harvest increases for rockfish species in Oregon and Washington waters, according to the EFP applicants.

The EFP was developed as a workaround to a regulatory backlog at NMFS and will allow fishermen to target a burgeoning biomass of pelagic rockfish: widow, yellowtail and other rockfish species. The overall allocation for canary rockfish, one of the primary constraints to increased landings of widow and yellowtail, increased by more than 1,000 percent, but NMFS was unable to lift certain restrictive gear rules in time for the 2017 season.

Four groups โ€” the Environmental Defense Fund, West Coast Seafood Processors Association, Oregon Trawl Commission and Pacific Seafood โ€” worked together to craft the EFP that was recently approved. Trawlers received their permits to start fishing Friday.

โ€œWe look forward to the agencyโ€™s approval of the final gear regulations package โ€“ itโ€™s overdue. But in the meantime, this EFP gets us on the water with effective gear and the chance to target some very abundant stocks,โ€ Warrenton, Ore.-based groundfish trawler Paul Kujala said in a press release.

The EFP, for which more than 30 vessels signed up to participate, lifts a requirement implemented in 2005 that mandated West Coast trawlers use a โ€œselective flatfish trawl.โ€ Selective flatfish trawls allow rockfish to escape by swimming upward as they are swept toward the cod-end, while flatfish stay low and are caught.

โ€œLike a lot of these older regulations, the selective gear requirement made sense before we had observers and 100 percent accountability, when managers had to maximize rockfish avoidance,โ€ OTC Director Brad Pettinger said in the release. โ€œNow that rockfish species are largely rebuilt, these antiquated gear restrictions would have impeded fishermenโ€™s ability to actively target the over 60 million pounds of rockfish that is available to them this year.โ€

Originally the EFP included California waters, but concerns over Klamath River salmon bycatch caused NMFS to scale it back. The southern portion of the EFP may be approved later in the year.

โ€œWe felt the bycatch avoidance measures we built into the EFP were sophisticated and sufficient to minimize bycatch to very low levels, but historically poor abundance of Klamath Chinook has them taking an extremely conservative approach,โ€ EDF Pacific Region Director Shems Jud said. โ€œSo weโ€™ll keep working on that, to ensure the agency that California trawlers can avoid Chinook while accessing these prolific groundfish stocks.โ€

The EFP process started in September 2016,, when it became apparent trawlers would not be able to use less restrictive gear at the start of 2017. The applicants also garnered the support of 13 West Coast Congressmen, led by Rep. Kurt Schrader, D-Ore., in urging NMFS to move the EFP along quickly.

The original goal was for implementation by the first week of January 2017 so processors could hire, train and prepare for an influx of rockfish in time for Lent. A number of delays led to NMFS issuing the permits almost two months later than originally planned.

Applicants and state and federal fishery managers plan to continue discussions at the March Pacific Fishery Management Council meeting next week in Vancouver, Wash.

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

Fishing advocates praise allocation of funds for electronic monitoring

April 22, 2016 โ€” SEA BROOK, NH โ€” Advocates for electronic monitoring technology in the commercial fishing industry are pleased that the Senate Appropriations Committee has secured federal resources to help defray costs associated with regulating catch sizes.

On Thursday, U.S. Senators Kelly Ayotte (R-NH) and Jeanne Shaheen (D- NH) announced that $3 million has been set aside for the development and installation of this technology. Fishermen hope it will replace the current model of in-person monitoring, which costs them approximately $700 per day every time they bring a person out.

Josh Wiersma of the Environmental Defense Fund said appropriating the money is a step in the right direction.

โ€œI think this is a big step forward,โ€ Wiersma said.

Wiersma testified on the subject before the Senate Small Business and Entrepreneurship Committee in Washington, D.C., this March. He has worked to make electronic monitoring programs a reality for some time, saying that the current in-person monitoring mandated by the National Oceanic and Atmospheric Administration leads to inaccurate results, and fishermen donโ€™t have room for monitors on their boats.

Read the full story at the New Hampshire Union Leader

Hereโ€™s How the Number of Fish in the Ocean Could More Than Double by 2050

March 31, 2016 โ€” Fish populations around the world have been decimated by overfishing โ€” but new research suggests that this could soon change if the world got its act together.

Fishermen around the world could haul around 16 million more metric tons of fish than they do today and generate $53 billion more in profits while more than doubling the amount of fish left in the oceans by 2050 if they adopted sustainable fishing practices, according to a report published in the Proceedings of the National Academy of Sciences.

Those practices would involve a so-called โ€œcatch shareโ€ model of fisheries management. In catch share systems, regulators figure out the maximum number of fish that can be hauled from the sea without hurting future fish populations. The regulators then divvy up that amount of fish into shares that are distributed to individual fishermen. Each fisherman has a set amount of fish they are can catch in the year.

โ€œIf you can reform fisheries and eliminate their competitive nature, thereโ€™s enormous room for profits, catch, and abundance,โ€ said Ray Hilborn, a professor of marine biology and fisheries science at the University of Washington who co-authored the study with researchers at the University of California, Santa Barbara and the Environmental Defense Fund.

Read the full story at VICE News

Catch Share Programs Under Fire On Both Coasts

March 23, 2016 โ€” This week, catch share management has come under fire on both the East and West Coasts, as articles in the New Bedford Standard-Times and Seafood News criticize key facets of regional catch share programs.

In New England, Massachusetts State Rep. Bill Straus writes about the side-effects of implementing catch shares in the New England groundfish fishery, calling the subsequent fleet consolidation โ€œa government-created near monopoly.โ€

In Sacramento, Seafood News details how low quotas for critical โ€œchoke speciesโ€ are preventing some boats from fishing for the entirety of 2016.

For nearly a decade, the Environmental Defense Fundโ€™s ocean policy has been โ€œto ensure that the worldโ€™s fisheries are restored back to health through the advancement and implementation of a transformational fisheries management approach known as catch shares.โ€ In May 2009, while serving as Administrator of the National Oceanic and Atmospheric Administration, Dr. Jane Lubchenco, the vice-chair of EDFโ€™s board of trustees, enacted a national policy encouraging the consideration and use of catch shares.  Regarding its trustees, EDF notes on its website that โ€œFortune magazine called them one the most influential boards in the country.โ€

Excerpts from the two articles are provided below:

State Rep. Bill Straus: Impact of the Federal Fisheries Arrests in New Bedford

No one who supported the catch shares idea in 2009 can honestly say this concentration and its results are a surprise. The statements challenging this bad idea back then came locally from Dr. Brian Rothschild at UMass Dartmouth and many others; I added a cautionary word as well on the pages of this newspaper on June 24, 2009. It is frankly depressing to re-read this portion of what I said then about the coming catch shares program:

โ€œAmendment 16 will send many fishermen and smaller ports to the sidelines; in other words, they will lose their jobs. There will be winners and losers, and the advocates of Amendment 16 have done little or nothing to point out that the system that is chosen for allocating catch shares will determine who will thrive in the new world of federal regulation and who will be abandoned.

โ€œAmendment 16 will result in a concentration within the fleets of all ports; to think otherwise would be naive.โ€

In the coming weeks and months, more information on the way the industry runs will no doubt come to light and whether, as I believe, the catch shares system played a role in allowing the port economy to shift as it has. A discussion needs to start and soon for two reasons. First, the federal government at some point will no doubt have to consider whether serious permit holder violations have occurred such that revocation and some new system of permit availability for groundfish participants should be created. That is a major question, and itโ€™s never too soon to get going on whether catch sharesโ€™ day (if there ever should have been one) has come and gone.

West Coast Catch Share Program Failure Keeps Vessel Off Fishing Grounds For 2016

Criticism that the West Coast catch shares program is underperforming came to the forefront recently at the Pacific Fishery Management Council meeting in Sacramento.

West Coast trawlers have been operating in fear of a โ€œdisaster towโ€ or โ€œlightning strikeโ€ of a choke species since the beginning of the individual quota program in 2011. And for the F/V Seeker, a disaster tow of 47,000 pounds of canary rockfish โ€“ a species at the time listed as overfished โ€” in November 2015 will prevent it from fishing for all of 2016.

The Seekerโ€™s misfortune is an extreme example of the programโ€™s failure, particularly for those fishing in the non-whiting sector.

Jeff Lackey, who manages the vessel, testified to the PFMC the vessel is in a bind and already has made plans to fish in Alaska for most of 2016 and return to fishing off the West Coast in 2017. The Seeker fishes in both the non-whiting shoreside sector and in the whiting mothership sector.

The Seeker is a victim of several features of the current regulatory system in the West Coast individual quota program.

First, current vessel limits prohibit the Seeker from acquiring enough quota to solve its deficit.

Second, canary rockfish was listed as overfished for more than a decade but an assessment accepted by the council in 2015 shows canary rockfish has been rebuilt.

And third, the PFMCโ€™s management process operates on a two-year cycle, with no way to change annual catch limits (ACLs) mid-cycle.

โ€œ[The F/V Seeker] is not the only one,โ€ Pete Leipzig, director of the Fishermenโ€™s Marketing Association, told the Council. Other trawlers have come up against vessel limits for other species that have prevented them from fishing for some time, but none have been confronted with the extremity of the Seekerโ€™s situation.

The vessel limits were designed to prevent consolidation of the fleet. Bycatch of choke species have prevented many vessels from capturing target fish. Fear of a disaster tow โ€” one so extreme that a quota pound deficit cannot be covered in the existing fishing year โ€” has limited trading of quota as fishermen hoard these species to cover their fishing operations for the year.

The Seeker is a member of the Newport, OR based Midwater Trawlers Cooperative. The organization proposed a solution to the Seekerโ€™s problem: use an alternative compliance option that was eliminated during the development of the catch shares program. It would have been available for overly restrictive events, such as the Seekerโ€™s, but still hold fishermen accountable. The council opted not to move forward with examining that option at this time.

This is the new reality of the West Coast individual quota program: rebuilding species will be encountered more frequently and fishermen could be held to conservative annual catch limits for a year or more if they experience an infrequent disaster tow and have insufficient quota to cover their deficit.

โ€œAs the regulations are currently written, any vessel that experiences the same situation would likely have to sit out of the shoreside trawl program for several years โ€ฆ This seems overly punitive and raises equity concerns,โ€ Heather Mann, executive director of the MTC, wrote in a public comment letter to the council.

On Facebook, EDF Attributes โ€œAmazing Comeback of U.S. Fisheriesโ€ to Catch Shares

December 29, 2015 (Saving Seafood) โ€” Yesterday, in a Facebook post, the Environmental Defense Fund attributed the โ€œamazing comebackโ€ of U.S. fisheries to the implementation of catch shares, stating โ€œThereโ€™s a boatload of evidence (pun very much intended) that this approach is working.โ€

According to EDF:

โ€œJust a decade ago, many commercial fisheries were something of a free for all, with little incentive to do anything but fish first, fish fast, and fish until there was nothing left. Risky for fishermen and detrimental to species abundance, this system too often corroded the health of fishing communities and fish populations alike. Since then, an alternative management approach called catch shares has transformed this dynamic in many domestic fisheries by aligning the economic interests of fishermen with long-term conservation outcomes.โ€

Northeastern fishermen and fishing families with Facebook accounts who would like to comment, and let EDF know what catch shares have meant to them, can access the post here.

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