Saving Seafood

Shutdown has varied effect at NOAA

December 27, 2018 — The partial shutdown of the federal government continued into its fifth day on Wednesday and NOAA Fisheries appears to be operating – or not –  just as it did during the partial shutdown that shuttered much of the government back in January.

No one answered the phones at NOAA Fisheries media relations offices in Washington, D.C., and Gloucester on Wednesday – the first full business day following the partial shutdown – so it was difficult to identify which employees whose duties have been designated as essential while up to one-quarter of the government is closed.

In all, the partial shutdown, initiated by lapsed appropriations and President Donald Trump’s campaign to fund and build a wall along the nation’s southern border with Mexico, is expected to impact about 800,000 of the 2.1 million federal workers.

According to the Department of Commerce’s 177-page plan for an orderly shutdown, staff at NOAA Fisheries’s Office of Law Enforcement, monitors and inspectors will continue working “for the protection of marine fisheries and sustain fisheries management activities.”

Read the full story at the Gloucester Daily Times

MASSACHUSETTS: $63.5K to help reshape Gloucester’s fish industry

December 20, 2018 — When the Gloucester Fishing Community Preservation Fund was established in 2007, the Gloucester fleet already had transitioned away from its sizeable offshore groundfish fleet to a largely inshore fleet dependent on cod and other groundfish species in the Gulf of Maine.

More than a decade later, the demise of the Gloucester inshore fleet continues, fueled by regulation, environmental restrictions and the simple demographics of an aging and declining workforce.

“The aging-out of the fleet and attrition have really taken a toll,” said Vito Giacalone, GFCPF executive director. “We’ve now experienced two generations of fishermen who saw no value in continuing to fish.”

The seascape has changed dramatically and now the GFCPF, best known as a source for preserving and leasing permit privileges to Gloucester fishing vessels, is looking toward the future and its role in helping reshape the Gloucester fishing community.

The non-profit organization, with the assistance of U.S. Rep. Seth Moulton, became one of seven organizations in the country this week to receive fisheries innovation grants from the National Fish and Wildlife Foundation.

Read the full story at the Gloucester Daily Times

John Bullard still bullish on politics, boats

Decemeber 17, 2018 — When last we saw John Bullard, the big man was sitting in his sun-splashed office at NOAA’s Greater Atlantic Regional Fisheries Office in Gloucester’s Blackburn Industrial Park, wearing an authentic, white Red Sox home jersey with David Ortiz’ No. 34 on the back.

By then, Bullard, who shepherded this region of NOAA Fisheries through the ongoing cod crisis, the remapping of available fishing areas, quota cuts, the imperiled state of right whales and the beginning of the end for Carlos Rafael, already had committed to heading off toward the pasture of retirement. He seemed totally relaxed and completely at ease.

We’ve been meaning to reach out to him for quite a while, if for no other reason than to talk about the Red Sox’ World Series championship and maybe a bit of Pats patter, particularly in the wake of the hideous defeat last week in the heat of South Florida.

Read the full story at the Gloucester Daily Times

ALLEN RENCURREL: Clam fishermen put forth proposal that protects the resource

December 17, 2018 — Last week, the New England Fishery Management Council voted to kick Massachusetts surf clam fishermen off of 80 percent of our historic Nantucket Shoals fishing grounds. Our fishery in these treacherous local waters grosses $10 million per year to the dozen or so boats and their crews, and multiples more to the South Coast fishing economy. Our catch is hand-shucked for a higher value. New Bedford, Fall River, Gloucester, and Bristol, R.I. families stand to lose hundreds of jobs.

While the council’s decision was based on habitat considerations, it rejected an option that would have allowed us to fish on about 80 percent of the available surf clam resource while allowing access to less than 20 percent of the overall habitat zone. Half of that access was, moreover, only seasonal, to protect cod spawning. The council had left the final details of “Omnibus Habitat Amendment 2” open for just this type of solution. To be able to continue our fishery, we had ourselves offered electronic monitoring at about 10 times the rate of other regional federal fisheries and volunteered to invest in years of habitat research.

Read the full opinion piece at the New Bedford Standard-Times

Fishing industry wins EPA exemption for deck wash

December 11, 2018 — Gloucester fishermen and their contemporaries across the nation, following years of uncertainty, finally caught a break in the new federal law regulating incidental deck discharges from fishing vessels.

A provision within the new Vessel Incidental Discharge Act, signed into law last week by President Donald Trump as part of an omnibus Coast Guard bill, exempts commercial fishing vessels of all sizes and other vessels up to 79 feet in length from having to obtain a permit from the Environmental Protection Agency to cover incidental deck wash.

“Specifically, discharges incidental to the normal operation, except for ballast water, from small vessels (i.e., less than 79 feet in length) and commercial fishing vessels of all sizes no longer require National Pollutant Discharge Elimination System permit coverage,” the EPA said in its statement about the new law. “Thus, permit coverage for any vessel covered under the (Small Vessel General Permit) is automatically terminated.”

Commercial fishermen have operated under a series of temporary exemptions since the initial regulations were enacted in 2009 for commercial non-fishing vessels. But if forced to comply with the existing regulations, fishing vessels larger than 79 feet would have faced regulations dealing with 27 different types of discharges — including routine discharges such as deck wash, fish hold effluent and greywater.

The permanent exemption, according to industry stakeholders, removes an impediment that might have economically sunk commercial fishing nationwide.

“It could have killed the industry,” said Vito Giacalone, policy director for the Gloucester-based Northeast Seafood Coalition, which worked with Washington-based consultant Glenn Delaney to help build a network of commercial fishing interests to change to obtain the permanent exemption. “It’s been a ticking time bomb for the entire fishing industry in the U.S. This is such a game-changer.”

Read the full story at the Gloucester Daily Times

NOAA seeks recreational fishermen’s input

November 29, 2018 — NOAA Fisheries is ramping up its plans to develop management strategies for the Northeast recreational groundfish fishery for 2019, beginning with three January workshops for stakeholder input.

The agency’s Gloucester-based Greater Atlantic Regional Fisheries Office has scheduled the workshops for Jan. 8 in Portsmouth, New Hampshire; Jan. 10 in Narragansett, Rhode Island; and Jan. 12 in Plymouth. Times still are to be determined.

The workshops, beyond soliciting stakeholder comment, also will jump-start the campaign to develop new short-term and long-term management measures for the recreational fishing industry “that balance the need to prevent overfishing with enabling profitability in the for-hire fleet” and provide other opportunities for recreational anglers.

In the short term, regulators are seeking potential new management measures to achieve, but not exceed, recreational catch limits in the upcoming 2019 fishing season, including Gulf of Maine cod and haddock.

In the long term, NOAA is exploring how to use new data — such as the information culled from the Marine Recreational Information Program — in its management of recreational groundfish stocks. It also is seeking the most effective manner to use available research to reduce or avoid bycatch mortality, calculate dead discards and the best methods of release.

Read the full story at the Gloucester Daily Times

Judge returns two vessels to Carlos Rafael’s wife

November 29, 2018 — The wife and another business partner of Carlos Rafael will retain ownership of two of the four fishing vessels seized by the federal government as part of the penalties for the array of crimes committed by the man known as “The Codfather.”

U.S. District Court Judge William G. Young, in his final order of forfeiture, said the F/V Lady Patricia and the F/V Olivia & Rafaela — and all federal fishing permits associated with each vessel — will be forfeited to the federal government as part of the final seizure agreement.

Young also ordered the forfeiture of $306,490 to the federal government in addition to the $17,500 judgment already paid by Rafael as part of his plea agreement.

Two of the other forfeited vessels — the Bulldog and Southern Crusader II — will be released to corporations that include Rafael’s wife, Conceicao Rafael, as an owner.

The 75-foot Bulldog will be released to B & D Fishing Corp. and Conceicao Rafael. The 81-foot Southern Crusader II is set to be released to R and C Fishing Corp. The corporation, according to the order, includes Conceicao Rafael and Joao Camarao as owners.

The convicted and currently incarcerated Carlos Rafael, according to the order, ceases to hold any “right, title or interest” in either the forfeited or released vessels. The order, however, retains Carlos Rafael’s ability to defend himself against any future claims from NOAA Fisheries.

Read the full story at the Gloucester Daily Times

No research fishery for shrimp this year, either

November 26, 2018 — This winter there will be no Mayor Sefatia Romeo Theken and other local northern shrimp lovers trooping down to the dock with buckets to try to buy the cold-water delicacies.

This winter will be no little different from the last four years when local shrimp disappeared from seafood retail shops as the shrimp fishery has been closed.

The shutdown of the New England shrimp industry has been extended to a limited, research-based fishery that helped provide a small amount of shrimp to the public in the past, the Atlantic States Marine Fisheries Commission recently decided.

That means Joe Jurek,a Gloucester-based groundfisherman, who held the rarified position as the only Massachusetts fisherman allowed to fish for northern shrimp in the Gulf of Maine, will likely sticking to his specialization in yellow-tail flounder on most fishing days

The regulators have extended the moratorium on northern shrimp fishing until 2021. In some previous years of the moratorium, shrimp trawlers and trappers had been able to bring some of the popular seafood item to market via a program called the “research set aside.”

Besides Jurek, owner and skipper of the 42-foot FV Mystique Lady, last year’s study also included eight trawlers from Maine and one from New Hampshire.

Each participating boat was allowed to shrimp once a week for eight weeks. Each vessel was allowed to catch and sell up to 1,200 pounds of northern shrimp per week at a price to be determined by the market. There was no other compensation.

Read the full story at the Gloucester Daily Times

Only $720 of $10K fine paid for illegal lobsters

November 15, 2018 — When James A. Santapaola Jr. got nabbed landing 183 illegal lobsters at a local lobster wholesaler two years ago, the Gloucester lobsterman eventually cut a deal with prosecutors to plead guilty to 20 of the counts and pay two fines totaling $10,050.

Later, the state Division of Marine Fisheries suspended his state lobstering license for three months.

Now, nearly two years after the plea deal, Santapaola Jr. — who was arrested again last week on charges of possessing 47 illegal lobsters — has paid only $720 of the $10,050 in fines, according to the clerk’s office at the Gloucester District Court.

Melissa Teixeira Prince, chief court clerk, on Wednesday said Santapaola Jr. is scheduled for a status review with court officials on Monday, Nov. 19, to discuss the outstanding balance on the fines from the previous offenses.

Last Friday afternoon, the Massachusetts Environmental Police, operating with Gloucester police and officers from NOAA Law Enforcement, arrested the 42-year-old Santapaola Jr. for possessing five crates and one tote of illegal live lobsters which law enforcement officers estimated collectively to weigh between 500 and 600 pounds.

Read the full story at the Gloucester Daily Times

Trial date set in case of clam espionage

November 7, 2018 — The federal trial between Gloucester-based National Fish and Seafood and the Florida-based seafood processing competitor it accuses of corporate espionage now is not expected to commence until at least midway through 2019.

U.S. District Court Judge Leo T. Sorokin on Monday set next July 22 as the opening trial date in the lawsuit between National Fish and competitor Tampa Bay Fisheries of Dover, Florida.

In the lawsuit, initially filed last July, National Fish accuses Tampa Bay Fisheries of hiring away Kathleen A. Scanlon, a 23-year employee at National Fish, and using her to help steal recipes, client information and other trade secrets on her way out the door from the Gloucester company.

The order by Sorokin, who sits in the U.S. District Court in Boston, also established the discovery schedule for the trial and set a status conference with attorneys from both sides for the afternoon of April 17.

If Sorokin’s trial date holds, the trial will begin almost exactly one year since the the intellectual property battle between the two seafood processing competitors burst into the public consciousness.

Read the full story at the Gloucester Daily Times