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Public gets say on changes to herring rules

December 12, 2017 โ€” Cape Codโ€™s small boat fishermen, both commercial and recreational, have been asking for protection from a fleet of large herring trawlers for more than a decade.

They may get an answer to their plea as early as June, when the New England Fishery Management Council will likely vote on whether to create buffer zones that prohibit fishing close to shore by these large vessels for part or all of the year.

The councilโ€™s potential actions are focused on midwater trawlers which tow large nets, sometimes between pairs of vessels, targeting huge schools of herring swimming midway between the bottom and surface. Back in 2007, the council prohibited midwater trawlers from fishing during the summer months along the coast north of Provincetown to Canada. But they allowed them to come within three miles of the Cape and states to the south.

Herring are considered a forage species, a vital link between the massive food source contained in the plankton they eat, and the protein needed by important commercial species like striped bass, cod and bluefin tuna that prey on them. But Cape and other East Coast fishermen have argued that the massive nets and large vessels used by the herring fleet are so efficient that cod, tuna and other species, with no herring to eat, do not come close enough to shore for the smaller vessels of the inshore fleet.

โ€œOur guys are not fishing the way they did 12 years ago around the Cape because those fish arenโ€™t there because the bait isnโ€™t there,โ€ said John Pappalardo, executive director of the Cape Cod Commercial Fishermenโ€™s Alliance and a member of the fishery council. โ€œWe live in a migratory corridor here. We depend on the bait to be there.โ€

Read the full story at the Cape Cod Times

 

Rafael Arrest Shines Light on Fishing System

December 1, 2017 โ€” Dozens of New Bedford-based commercial fishing boats were ordered to stop fishing last week in the wake of the federal prosecution of fishing magnate Carlos Rafael, known as The Codfather, who pleaded guilty to tax evasion, cash smuggling, and falsifying records and misidentifying and mislabeling fish to avoid fishing quotas.

Members of the dwindling Vineyard fishing community who have been watching the proceedings say the tale is a sad commentary on the state of the industry and highlights flaws in its regulation.

โ€œItโ€™s a symptom of poor policy,โ€ said Wes Brighton, a Vineyard fisherman and one of the only Islanders to hold a federal commercial groundfishing permit. Mr. Brighton fishes for lobster, conch, monkfish, and some cod from his boat Martha Elizabeth.

The system creates an imbalance, he said, giving independently-owned family fishing businesses little access to the fisheries and allowing larger corporations the ability to consolidate fishing permits and quota.

Mr. Rafael was arrested and charged in February 2016 after an undercover investigation. According to the government, federal agents posed as organized crime figures interested in buying his fishing business. For about four years, the Department of Justice said, Mr. Rafael lied to the government about the quantity and species of fish his boats in an effort to evade the strict federal quotas that are designed to protect the sustainability of certain fish species.

Read the full story at the Vineyard Gazette

 

Massachusetts: Cape and Islands Lawmakers Join Fight to Protect Offshore Herring

November 27, 2017 โ€” CHATHAM, Mass. โ€” The Cape Cod Commercial Fishermenโ€™s Alliance is receiving support from the Cape and Islands legislative delegation in protecting offshore herring for local fishermen.

Earlier this month, the lawmakers called on the New England Fishery Management Council to create a buffer zone off the coast of the Cape and Islands from large-scale mid-water herring trawlers.

Current regulations allow the trawlers to fish three miles offshore from Provincetown past the Islands.

โ€œThe delegation has taken up a position that we staked out at the Fishermenโ€™s Alliance years ago that we need a buffer zone,โ€ said John Pappalardo, the alliance CEO.

โ€œIn other words, a zone off the Cape and Islands where these vessels cannot come in and intensively harvest sea herring.โ€

The alliance would like a 50 mile buffer zone.

Read the full story at CapeCod.com

 

NEFMC Bids Farewell to One Member, Welcomes Another

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

The New England Fishery Management Council is bidding farewell to Mary Beth Tooley of Maine and welcoming a new face to the Council table โ€“ Maine Department of Marine Resources (DMR) Commissioner Patrick Keliher.

On June 28, 2017, the Secretary of Commerce announced that three New England Council members, whose terms were scheduled to expire, had been reappointed to serve for another three years effective August 12, 2017.

  • Peter Kendall of New Hampshire was appointed to his third term on the Council;
  • Elizabeth โ€œLibbyโ€ Etrie of Massachusetts was appointed to a second term; and
  • John Pappalardo of Massachusetts was appointed to a second term.

Terry Stockwell of Maine was appointed to fill the seat being vacated by Tooley, who had served three consecutive terms. Stockwell is the Councilโ€™s vice chairman and previously served as the state of Maineโ€™s designated fisheries official to the Council. In June, however, Stockwell retired from state service following a 21-year career at DMR, and he now is beginning his first term as a secretarial appointee.

Read the full release at the NEFMC

Whatโ€™s next for Carlos Rafael?

July 31, 2017 โ€” The โ€œCodfatherโ€ quashed any hopes for high courtroom drama when he pleaded guilty in March to falsifying fish quotas, false labeling of fish species, conspiracy and tax evasion, 28 counts in all.

The real action is behind the scenes, as federal and defense attorneys wrestle over the fate of New Bedford fishing mogul Carlos Rafaelโ€™s fishing empire, said to be one of the largest groundfish fleets in the nation.

Itโ€™s something Cape fishermen, and fishermen all over New England, are debating and watching closely.

โ€œIโ€™ve said before, there is no place in fishing for Mr. Rafael. If thatโ€™s part of the global solution (the larger deal being worked out between NOAA and Rafaelโ€™s attorneys) every fisherman Iโ€™ve spoken to up and down the coast feels thatโ€™s a good outcome,โ€ said John Pappalardo, chief executive officer of the Cape Cod Commercial Fishermenโ€™s Alliance and a member and former chairman of the New England Fishery Management Council. Many fishermen want the courts and the National Oceanic and Atmospheric Administration to make an example of Rafael and send a message that illegal fishing practices wonโ€™t be tolerated.

They are also interested in what happens to the money collected in fines and forfeitures and the fate of the many fishery permits and quota controlled by Rafael.

Read the full story at the Cape Cod Times

MASSACHUSETTS: Local Fishermen Applaud New NOAA Fisheries Administrator Appointment

July 14, 2017 โ€” The National Oceanic and Atmospheric Administration (NOAA) recently announced a new assistant administrator for fisheries. The fishing community, including here on the Cape, largely applauded the nomination of Chris Oliver, who comes from the Alaska fishery.

WCAIโ€™s Kathryn Eident talked with Cape Cod C0mmercial Fishermenโ€™s Alliance CEO John Pappalardo to learn more about the appointment.

Read and listen to the full story at WCAI

JOHN PAPPALARDO: What justice looks like for our fisheries

May 20, 2017 โ€” The high-profile arrest of Carlos Rafael followed by his guilty plea to lying about the fish he caught and sold is final proof of the existence of a devastating rogue wave that has battered the historic New England fishery.

Rafael tainted an entire industry, making fools of hardworking, honest fishermen who have been playing by the rules under increasingly difficult circumstances.

Itโ€™s entirely possible that his illegal reporting distorted the scientific analysis that powered our fish population assessments. By mislabeling depleted species and selling them as abundant species, Rafael kept scientists from making honest estimates of how much fish actually was in the water. Public policy was built on bad assumptions, which in turn created double damage โ€” lowering limits on the amount of fish honest fishermen were allowed to bring to shore while at the same time stealing the resource we are all committed to rebuilding.

Now comes the crucial question: What does justice look like in the aftermath of an admitted economic and environmental crime of this magnitude?

First, Carlos Rafael should be banned from commercial fishing, forever.

Second, the fishing quota he owns (pounds of fish allowed to be landed each year) should be redistributed to all of the fishermen in our region, because they are the ones most damaged by his criminal enterprise.

Third, additional revenue on his assets, whether from outright confiscation and sale, or fines and penalties, should be used to fund major improvements in how our fisheries are monitored and studied. This is the only way to assure that the same thing wonโ€™t keep happening over and over again, to protect honest fishermen and to revive fish populations.

While most fishermen are hardworking and law-abiding, making a living in a dangerous but gratifying way, we need to acknowledge that Rafael is not the only person to game the system (though heโ€™s likely the worst). This is the moment to learn from what he was able to pull off and shut the door on anyone who aims to steal public resources from the ocean, other fishermen and the American public.

By Rafaelโ€™s own estimation, his fleet is worth between $75 million and $100 million. In the plea bargain proposed in return for his guilty plea, only 20 percent of his holdings (13 vessels and permits worth about $15 million) would be confiscated. This would leave him with $60 million or more of assets.

Read the full opinion piece at the Cape Cod Times

JOHN PAPPALARDO: Rafael Should be Permanently Banned from Fishing, Redistribution of Quota

May 15, 2017 โ€” SEAFOOD NEWS โ€” Carlos Rafael pled guilty to running a massive criminal enterprise that stole from honest fishermen and undermined the fisheries as a whole.  One of his quotes offers a revealing insight into his perspective:

โ€œThis is America; anything can happen, with money behind it.โ€

Letโ€™s put his money to work fixing the fishery he badly damaged.

Carlos Rafael should be banned from commercial fishing forever. The fish quota he owns should be redistributed to all the fishermen he harmed. Thatโ€™s what existing regulations mandate, thatโ€™s what many in the industry believe, and we agree.

But we can demand and expect more. Honest fishermen have not been playing on a level field with the likes of Carlos. We need to make sure they arenโ€™t put in that position again.

To do that, we must invest some of his illegal gains in fishingโ€™s future by improving dockside monitoring, expanding electronic monitoring and increasing fishermen-scientist collaborations to get better fish counts.

We can transform this moment into an opportunity to create the oversight and infrastructure necessary to make honest, long-term success possible for our iconic fishery.

This can happen, and Carlos Rafaelโ€™s money should be behind it.

This letter originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission. 

Small-Boat Fishing Groups Make Pleas to New Congress

March 7, 2017 โ€” Local fishermen were in Washington, D.C. earlier this month to present their issues and concerns to the new Congress.

Cape Codders and other fishermen from across the nation with the Fishing Communities Coalition make the trip whenever a large number new representatives or senators are elected.

Cape Cod Fishermanโ€™s Alliance CEO John Pappalardo was among those who visited over 30 Congressional offices.

He said that securing funding for fisheries management, managing a sustainable industry, and providing a clearer financial path for new fishermen to join the career path were among the top talking points.

โ€œFisheries have been a bi-partisan issue, and I would expect that when we and other industry groups make the case for how important the jobs and the protein these fishermen provide are, itโ€™ll be a pretty easy sell,โ€ Pappalardo said.

He also said that there was some discussion over converting many of the species caught for export into a domestic product.

The importance of building on the Magnuson-Stevens Fishery Conservation and Management Act was also touched on, he said.

Pappalardo said he advocated for the National Young Fishermenโ€™s Development Program, an initiative which would tackle the increasingly high cost of entry and limited growth opportunities young men and women face in the career path.

The trip took place before the announcement of a potential federal budget cut to the National Oceanic and Atmospheric Association. Pappalardo said he and his colleagues will keep an eye on that.

Read the full story at Capecod.com

New rules require fish imports to meet U.S. standards

August 12, 2016 โ€” Nations selling seafood to the U.S. must maintain higher standards for protecting whales, dolphins and other marine mammals, according to new regulations announced Thursday by the National Oceanic and Atmospheric Administration.

Other countries will be required to meet standards equal to what is required of U.S. fishermen under the federal Marine Mammal Protection Act, NOAA Fisheries officials said, a change local fishermen groups applauded.

โ€œItโ€™s fantastic,โ€ Cape Cod Commercial Fishermenโ€™s Alliance CEO John Pappalardo said.

While the U.S. has some of the most conservation-minded fisheries laws in the world, American fishermen are selling in a global marketplace, Pappalardo said.

The cost of domestic regulations to U.S. fishermen cuts into their competitive edge, he said.

โ€œIt costs more money to produce that fish,โ€ he said.

Massachusetts Lobstermenโ€™s Association members find it difficult to compete with fishermen from other countries because of gear modifications and fishing ground closures required under U.S. law, said Beth Casoni, executive director for the organization.

The association has about 1,800 members from Maine to New Jersey who fish lobster, scallop, conch, groundfish and more.

Read the full story at the Cape Cod Times

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