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FREE BIWEEKLY NEWS MAGAZINE SERVING THE NEW BEDFORD FISHING INDUSTRY & MARITIME INTERESTS •• VOL. 4 NO.2•• JANUARY 21 - FEBRUARY 10, 1993 The fonner fishing vessel Integrity was up on the rails at Norlantic Shipyard getting overhauled to become the FN Megan Elizabeth. The new owner of the vessel is Capt John Montfort of New Jersey. Buy 500 Now, You Can Get Free Or More Business Forms At PIP. Carbonless During our Business Forms Bonus Days, when you buy 500 or more Business carbonless business forms, we'll give you 500 of the same form, free. PIP Printing is your one-stop source for all of your carbonless business forms Forms, needs. From purchase orders to invoices to contracts, PIP does it all. As always, every order is handled with the efficient, professional service you expect from PIP. Visit PIP today for this exceptional value. Available Get 500 More, for a limited time only, offer expires February 15, 1993. FREE! • Multi-color printing • Customized forms • Two to six parts available Two convenient locations: • Quick tumaround NEW BEDFORD • Satisfaction guaranteed 852 Purchase Street ~~~~PRINTING New Bedford, MA 027:40 Tel. 996-3705 • Fax. 990-8782 FAIRHAVEN The BestBusinessPrinterInThe Busine~ 160 Huttleston Ave. Fairhaven, MA 02719 Tel. 997-4284 • Fax. 993-6685 I IL _ TH E HARNACLE Page 2 January 21, 1993 As we enLer the new year, we here at the Barnacle Magazine are working hard to bring you the latest in news and issues that confront this changing industry. It is going to be a ./ demanding year for everyone in the industry when the management plans get implemented. We also are extending our service of information via the telephone system. We have just begun a pay-for-use seafood price information line which will provide all the details of the morning's auctions at the Exchange Building and other news. We did it because the industry needs the information and does not get it elsewhere. The new "976-FISH" telephone service comes on the heel of a new price faxing service called FAXNET which we kicked off in late December. So we will continue to do our part to keep you informed of the confusing world of regulations and market information. I welcome your comments. Contents Photo by John Ryan: Terry from Terry's Chain Bags takes a moment from his busy work at his Pope's Island shop for a Barnacle cover photo. DEPARTMENT~ His firm specializes in manufacturing chain bags on a moments notice. Ship to Shore Messages 4 Coast Guard Log 12 Scallop Prices 14 BANKRUPTCY & REORGANIZATION Dragger Landings 18 From The Galley 26 The Law Offices of Classified 29 Fairbanks & FEATURES Koczera 6 I New groundfish proposal may go ATTORNEYS AT LAW before public hearings soon 11 George A. Fairbanks, III Andrew S. Koczera New telephone line dedicated to If you are an individual or business experiencing providing fish price info financial problems, or if you have overextended credit cards, repossessions, wage garnishment and The Barnacle is written and published two times amonth by Desktop late mortgage payments... Marketing Concepts, P.O. Box 71, Fairhaven, Massachusetts, 02719. Tel: (508) 999-4255. Subscription rates for mailings at $10.00 for 24 issues. Put Fairbanks & Koczera's extensive knowledge of We welcome guest columns and press releases. the complex laws of bankruptcy to work for you by Copyright ©1990, Desktop Marketing Concepts. exploring solutions to your financial problems Publisher/Editor, Gary S. Golas which mayor may not include the filing of Administration, Kathy Golas bankruptcy. Writer/Interpreter, Joe Vinagre Fairbanks & Koczera have a combined 29 years experience before the bankruptcy courts. One of Attorney Koczera's Special Writers, Richard Hiscock, bankruptcy cases was used as an example in Judge Harold John K. Bullard, Howard Nickerson Lavien's book, Bankruptcy Forms, West Publishing Co. 1982. Photographer, John Ryan CALL 997·1210 66 North Second St, New Bedford Never a fee for an initial interview Barnacle Office: 999-4255 FAX 999-4917 TH E BARNACLE Page 3 January 21. 1993 HAPPY BIRTHDAY HAPPY BIRTHDAY NICK PARISI John MacDonald Feb. 4 of Nantucket Jan 28th Your Personal Message can appear here in SHIP TO SHORE... handwritten by you...free of tiAJ>J>~ I3II<Tti[),A~ charge.; I<ay Canasta Simply write your birthday, anniversary, good I<CC Seafoods luck wish or poem, on a plain white paper with a black January ]Uth pen.or typed, .. include FULL NAMES of 80TH THE SENDER AND RECEIVER L _ and vessel names and - Mail it to...The Barnacle, HAP P Y 7TH B I RT HDAY P.O.Box 71, Fairhaven, Ma 02719. -OFFSHORE MARINERS ASSOCIATION­ Deadlines are the first and third Friday of each month for the IT'S BEEN A STRUGGLE, THE FUTURE preceeding issue. NEXT ISSUE MESSAGES FOR LOOKS DIH" WE HOPE TO HANG IN THERE PERIOD WITH YOUR HELP. Feb 11 - Feb 24 DEADLINE FOR THESE HOWARD W. NICKERSON 8 CRISTINA ROHAO FEB 5 MESSAGES IS .. .. ~~ Booksigning Baker Books Saturday, Feb 6, Noon to 2pm o Reassurance: Should I Worry About My Heart Skipping Beats? by Peter John Raposo A Fall River native now living in Tiverton, Mr. Raposo. 28, reveals the emotional difficulties ~ encountered when he was told by his physician that his heart skipped beats. Although a physician may tell a patient not to worry, that this is a common condition, Mr. Raposo says there is often a lack of information about how to cope with this bcnign affliction. The book givcs the reader a sense of understanding as well as techniques and foods which made a difference in Mr. Raposo's Life. A full service Bookstore in downtown New Bedford Mon- Sat 9am -6pm (Thurs until 8pm) Sun 12-5pm 80 William Street New Bedford, MA 02740 (508) 997-6700 Telephone orders taken...Master and Visa Cards accepted Orders shipped for additional charge Parking in Elm Strcel/Kerwin Garages validated THE BARNACLE Page 4 January 21, 1993 ... :.5UUL J.1 t+c..~ Jv 13mu~~ ~'u.f Z2.~ •<fJecpp.f.j (LruLWu~ 'St.1J...n..:. H:s vb<.liL OrLL ~ LfULA-/cLrocifl1---t.(fVJ'»./2d.. -10 !--IOJU./ U rJLL / I &bzX.- LJO~~ -C~Uui..- Sl£UL IJ tbtIuL -=r/v 3t5uJti¥-J r. Cft.IUJJlJ1.</ z:f 711 If You Own ABusiness In New Bedford Or Fairhaven, Fishing Is Your Business Too! Not Knowing Is Costly Be AFriend OfThe Co-Op. Join Today. Call John Bullard at 993-9926. Vour rights under the law are not limited by your social or .1 financial means. If anything was taken away or denied you or your family. then you have every right to due compensation. The Law exists for everyone of us. Rich or poor. Young or old. The Law exists to protect. If you feel that your rights have been trampled upon, call us. It will cost nothing to speak with us. There is no fee for our representation unless we are successful for you. NEW BEDFORD SEAFOOD • Auto Accident • Defective Products • Slip & Fall cO-OP AS OelATION • Work Injury • Animal Attack • Lead Paint • General Negligence • Medical Error Poisoning y CO-OP WHARF PORT OF NEW BEDFORD Hamel •Waxler MONITORING CHANNEL 11 Allen & Collins , Offices in New Bedford Offices in Fall River 993-8000 679-3800 Providence· Cranston THE BARNACLE Page 5 January 21, 1993 Council Approves Groundfish Plan For Public Hearing They Add Alternative With No Moratorium 'Written fJ}JJ Jolin 'l( '13u1Cart£ 'Director oj~islieries'lq.presentation, 'lI/S-w '13edjorcfSeajoocf Co·Op After hundreds of hours of we still have some differences of more than one mesh on board with strenuous debate, the New England opinion, it is encouraging to see at certain conditions. Fisheries Management Council has least one of the alternatives respond Before the ful1 vote on the finally approved a draft Amendment to our suggestions. It is important to Amendment the Council heard a 5 to the Groundfish Management note however that the Council prefers summary of the projected economic Plan. They took this long awaited an allernative that would regulate impact. Two conclusions were clear. action at the January meeting in south m ew England the same as The first and most important is that Danvers. Public Hearings could be the Gulf of Maine (with 6" mesh) any of the alternatives is significantly held as early as March. Responding and would limit access to the fishery. better over the long term than no to strong opposition from the In other words there is final1y a home action. The second is that gillnetters industry, the Council added a fourth for us to go, but we're not there yet. are more adversely affected than alternative that would combine the The Council also approved a trawlers. three area management plan with a provision offered by Jim McCauley The final vote was climactic. provision eliminating the of Point Judith that would weaken There had been much talk about the moratorium. the moratorium provision in the erosion of support for the draft This brings the fourth alternative preferred alternative. This would Amendment. There were certainly much closer to the position taken by impose in year 4 a I-year time delay some people who didn't like the plan ew Bedford fishermen acting to obtain a permit to groundfish. but felt sending it out to public through the Co-Op Groundfish This is an improvement that we hearing was their only option; they Committee. The (,:o-Op position should acknowledge. Jim McCauley considered going back to square one favors the three atea altemative also succeeded in adding a provision as too painful. Most people because it alone recognizes that that would allow fishermen with a projected a close vote. The final vote southern New England must be history of small mesh fishing to carry was 14 -3. I read this not so much managed differently from Georges Bank and the Gulf I of Maine. Our position Smithwick & Clarke Insurance, Inc. supports this alternative but advocates removal of MARINE INSURANCE the moratorium. We argued that the overal1 quota contained in the plan provided a fail-safe mechanism to the effort Finest companies Excellent Service reduction provision and ~~~~~ this made limited access Best Rates Fast Claims Service unnecessary. Determined Draggers Scallopers as they were to impose a moratorium, the Council Serving the New Bedford Fishing Fleet final1y agreed with this Please visit or call Antonio Martinho argument by an unexpectedly 113 MacArthur Drive, overwhelming 16 - 1 vote. We will review New New Bedford, MA 02740 Bedford's position after the (508) 999·4004 public hearing document has been prepared. While Portland Office: 400 Commercial Street, Portland, ME 04101 1-800-388-~ 636 THE BARNACLE Page 6 January 21. 1993 as support for the plan as support for is the first step. The monkfish Association acknowledge that this is the public's turn to be heard. In committee has distributed a voluntary an extreme position. Their real addition to the Co-Op meeting that we gear conflict resolution. They hope objective appears to be preventing an will have in New Bedford, there will . that if enough vessels voluntarily increase of fishing effort on lobsters also be an Industry Advisors meeting, subscribe to it, we can avoid a formal by draggers forced out of although at press time it had not yet government action. If you have groundfishing by the new been scheduled. received thi resolution in the mail, management plan. We will meet in On other matters the Council . please sign it and return it. If you Portsmouth on January 25th to try to heard a brief progress(?) report on have any questions on it, please call work out compromise language. If scallops. Public hearings are planned me. It would be good to show that you have comments on this issue, for February. The Council will fishermen can work out gear conflict please let me know before then. I can request an answer from NMFS on the issues by themselves without be reached at 993-9926. Northeast Atlantic Swordfish Net interference by the government. Lastly, Dr. William Fox attended Association's request for an the 2-day session in Danvers. He is Lobster experimental fishery. The Council vigorously campaigning to keep his supports the proposal as a way to The Council spent about a day on job as Director of NMFS and reduce marine mammal bycatch in a lobster i sues. The industry has Assistant Administer for Fisheries in gear that potentially has many submitted a 12-point plan to reduce NOAA. But in case he doesn't, advantages in terms of size selectivity. overfishing. Point 12 says, "No President Bush gave him career status The Council also approved a scoping lobsters may be landed that have been as Deputy Assistant Administrator for document for monkfish. Early harvested using the otter and beam Fisheries. In political circles this is indications are that this species is trawl (dragging) method of fishing or called "burrowing in." Known for his under strain and should be protected other mobile gear." Representatives scientific abilities, Dr. Fox is showing by a fishery management plan. This of the Maine Lobstermen's he's a politician as well. A GREAT SERVICE FOR BUSY FISHERMEN! FREE LAUNDRY PICK-UP & DELIVERY RIGHT FROM YOUR BOAT SQUEAKY CLEAN LAUNDRY SERVICE 1877 Purchase St., New Bedford MA WASH • DRY • FOLD 45 cents a pound Open Bam-Bpm SEVEN DAYS A WEEK Call 992-4085 and we will be there at dockside! THE BARNACLE Page 7 January 21. 1993 PART TWO Advisory Committee Approves Revised Licensing Plan This week we will complete our use of a dangerous drug, including review of the "revised" licensing plan marijuana. adopted by the Commercial Fishing DWIIDUI. Conviction for DWI/DUI are No. 34 Industry Vessel Advisory Committee at i considered to be more than minor traffic meeting last month in New Orleans. In the violation and reflect unfavorably on the A Contribution of last issue we covered the basic licensing applicant's uitability to be entrusted with ERE Associates Ltd. requirements, training by third parties, the duties and r sponsibilities of a license. age requirements, manning and Factors that the Coast Guard will by experience requirements. consider when reviewing the info.rmation Richard C. Hiscock CHARACTER AND HABITS OF regarding an individual's past will include LIFE -along with physical requirements -the type of offense; the number of -was one of the most difficult issues for offenses; the recency of the offenses; the the working group and the CFIVAC to age at which the offenses were deal with. But in the end it was agreed committed; any evidence of "career that operator of a commercial fishing criminal" status; and, relevancy of the ve sci should be subject to the same offenses to the issuance of the license. requirements as holders of othr,r Coast ( ee grandfathering section for more Guard licenses, such as: information.) FBI record and National Driver CHEMICAL TESTING as required by Registr)' check would be required to Federal law -pre-employment, periodic, verify criminal information supplIed on serious marine incidents, reasonable cause the application. and random, would be required for license Fraudulent application. Failure to holders, and for unlicensed crewmembers complete an application truthfully can in involved in the operation of the vessel. itself lead to a determination of fraud and REGENCY of sea service. Three months subsequently lead to the voiding of any of qualifying service within the three license issued under an application. years immediately preceding the date of Dangerous drug offenses. The Coast application. Guard has the authority to deny a license PHYSICAL REQUIREMENTS. The to any individual who has been convicted existing standards for applicant's vision, of a drug law violation within 10 years color sense, and general physical preceding the date of application, or who condition would be applied. has ever been a user of or addicted to the RENEWAL. A Coast Guard license is ATHEARN FISHERMAN'S TAX SERVICE MARINE AGENCY Tax Preparation Problem Resolution r.O.BOX 487 Withholding Plans Check Cashing .A1i.---­ N. CHATHAM, MA 02650 OFFlC'E: (508) 945-4505 WILLIAM J. ROCHA FAX: (508) 945-1306 Accountant FISHING YES EL BROKERAGE 4 Union Wharf Call (508) 991-4373 Fairhaven, MA 02719 (Across From Norlantic Diesel) erving the Fishemlan since 1946 TH EBARNAC LE Page 8 Januwy 21, 1993 _- ----_._--------------------------' .... ... issued for five years, and can be Initial Implementation By the end of the renewed by submitting evidence of implementation period all fishing Upon publication of the continued eligibility, including a vessel operators will be required to implementing regulations, there refresher course on personal survival, have an Application would be a even year period during stability and Rules of the Road. Acknowledgment or a Coast Guard which commercial fishermen would license. Existing Licenses: required to comply with the new To continue serving as a Master provisions and be licensed to preform Master of vessels 200 gros tons of a commercial fishing vessel the duties and functions as Master of or less must be appropriately beyond the expiration date of the commercial fishing industry vessels. endorsed to operate fishing vessels Application Acknowledgment the Individuals will be able to commensurate with the tonnage on individual must receive a Iicense­ submit an initial application. The the existing license. Applicant must The expiration dates of the Coast Guard will acknowledge complete a personal survival course. Application Acknowledgments will receipt of the application with a letter Operator of uninspected be managed so as to spread the work called an "Application passenger vessel, Mote on vessel of load out over a five year period. Acknowledgement". The Application 1600 gross tons or less must meet the Incentives will be developed to Acknowledgment will allow the requirements for an original license. encourage operators to apply early fisherman to operate vessels for a Master of vessels over 200 gross during the phase-in period. specified period of time. During that tons, and unlimited Mate are Each application must be period of time the fisherman must considered to be equivalent for accompanied by a self-certified sea obtain a certificate indicating that he service on commercial fishing service form, or a letter from the or she has successfully completed an vessels less than 200 gross tons. vessel operating company (or approved training course. companies) certifying the name(s) e C 0 A S TAL e N~Z-(i~~ n.~C~LII:I--'~L ---~--- ~-- The Fleet's Choice® , Natural High Cetane Corrosion Inhibitor , , ,helps reduce emissions up to 16 percent, , , , provides t'lighest National Association , , .provides more power and quicker winter starting, of Corrosion Engineers anti-corrosion rating for complete fuel system protection. , , , helps reduce maintenance. extends engine life, Non-Alcoholic Deicer .. ,disperses and lowers freeZing point of water Cold Flow Improver to help prevent filter clogging, , , ,provides optimal winter operability. Superior Detergent EPA-Registered Biocide , , ,helps clean up engine, increases power During summer months, our fuel safely and fuel economy, helps eliminate biological problems, n For more information call Bill Harrop or any of our drivers on the waterfront. Available in New Bedford and Woods Hole, MA I GlenPark 508-996-8271 Portland, Bangor and Rockland MEl Webber Energy 207-942-5501 3 I) CALL 1-800-776-7634 FOR THE NAME OF YOUR NEAREST DEDICATED DEALER THE BA ACLE Page 9 January 21. 1993 and official number(s) of the incarcerated for the previous five LRA-2/3406), 2100 Second Street vessel(s) served on. years will normally be granted a SW, Washington, D.C. 20593-0001 ­ GRANDFATHERING. Individuals license. Refer to docket number: CGD-88­ obtaining a license during thc seven Applicants must be up-front and 079a. If you have not received a copy year implementation period for the truthful concerning their past history. of the SNPRM contact the District licensing of fishing ves els operators If an applicant has a tainted past, he Coordinator at the number below. would have to meet the following needs to show evidence to the Coast For Further Information requirements ­ Guard that he can be entrusted with a Master of fishing vessels less than Coast Guard license. Submitting a If you still have not received a 79 feet -360 days as person in charge fraudulent application will only copy of the new fishing vessel safety on fishing vessels. hinder his opportunity to receive a regulations or pamphlet, or if you Master of fishing vessels less than Coast Guard license. have specific questions about how to 200 gross tons, 79 feet or more ­ Recency. No requirement for recency comply with the regulations please 720 days as person in charge on of service during the 'grandfathering' contact Mr. Ted Harrington, Mr. Bob fishing vessels, with at least six period. Higgins, or LCDR Paul Von Protz, months of the time on fishing vessels Physical requirements during First Coast Guard District Fishing over 79 feet. grandfathering period. Vessel Safety Coordinator , at 617­ Training -Third party training would Color vision. Applicants with color 223-8444. be limited to: personal survival, vision problcms would be limited to Courtesy Examinations stability, Rules of the Road, first-aid operation between sunrise and sunset and CPR. Vision. Applicant's corrected vision If you would like the Coast Character and habits of life -Lack in the better eye is at least 20/40 and Guard to conduct a courtesy of recent convictions is clear whose uncorrected vi ion in the examination of your commercial evidence of rehabilitation, especially better eye is at least 20/400. fishing vessel contact the Fishing if the applicant has had time to prove Hearing. Applicant possess an Vessel Safety Specialist in your area: rehabilitation. "Application average threshold of more than 40db MSTC Tim White, MSO Portland, acknowledgements" will allow the in each ear at 500, 1000, 2000, and Maine (207-780-3251); CWO Joe individual with past criminal 3000 Hz and/or functional speech McKechnie, MSO Boston, Mass. convictions to operate fishing vessels discrimination of at least 90% at (617-223-3020); CWO Jim Price, for an additional period of time, a 55db in both ears with the use of a MSO Providence (401-528-5335); minimum of two years. During this hcaring-aid. CWO Jim Kurz, Group Long Island period if the applicant shows no Reminder On The SNPRM Sound (203-468-4400); or, LT(jg) subsequent conviction this will be Comment Extension Paul Arnett, MIO New York (212­ acceptable as evidence of rcform .. 668-7810). Certain crimes -such as crimcs The comment pcriod on the against national security, capitol or Supplemcntal Notice of Proposed Richard C. Hiscock,jounder and president of first degree murder, crimes of Rulcmaking (SNPRM), discussed in ERE Associates Ltd., in North Chatham. violence such as rape or assault with previous issues of SAFETY NOTES, Massachusells. afirm dedicated to marine and a weapon, career criminal, and has becn extended 60 days to 28 fishing vessel safety, previously published importation of drugs -are so scrious Fcbruary 1993. Comments may be SAFE1Y NOTES for FISHERMEN and was that the applicant must be evaluatcd submitted in writing or you may call aUlhor and editor ofthe FISHERMAN'S to determine fitness to hold a licensc. a special 800 number established by DIGEST.He isamemberoftheSocietyof The purpose of the evaluation is to the Coast Guard for this rulemaking: Naval Architects and Marine Engineers. the keep the hard core and habitual 800-282-8724. Call this number 24 U.S. Marine Safety Association. and serves on criminal from receiving a Coast hours a day, seven days a week up . the Coast Guard's Commercial Fishing Guard license and give the reformed until the close of the comment period Industry Vessel Advisory Commillee. a criminal the opportunity to make on 28 February 1993. Address your Telephone 508-945-2182. living. An applicant who has no comments and concerns to: Executive criminal conviction within tcn years Secretary, Marine Safety Council, before applying, and has not be Commandant U.S Coast Guard (G­ I L THE BARNACLE Page 10 January 21, 1993

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FREE BIWEEKLY NEWS MAGAZINE SERVING THE NEW BEDFORD FISHING INDUSTRY & MARITIME INTERESTS •• VOL. 4 NO.2•• JANUARY 21 - FEBRUARY 10, 1993 The fonner fishing vessel Integrity was up on the rails at Norlantic Shipyard getting overhauled to become the FN Megan Elizabeth. The new owner of the vessel is Capt John Montfort of New Jersey. Buy 500 Now, You Can Get Free Or More Business Forms At PIP. Carbonless During our Business Forms Bonus Days, when you buy 500 or more Business carbonless business forms, we'll give you 500 of the same form, free. PIP Printing is your one-stop source for all of your carbonless business forms Forms, needs. From purchase orders to invoices to contracts, PIP does it all. As always, every order is handled with the efficient, professional service you expect from PIP. Visit PIP today for this exceptional value. Available Get 500 More, for a limited time only, offer expires February 15, 1993. FREE! • Multi-color printing • Customized forms • Two to six parts available Two convenient locations: • Quick tumaround NEW BEDFORD • Satisfaction guaranteed 852 Purchase Street ~~~~PRINTING New Bedford, MA 027:40 Tel. 996-3705 • Fax. 990-8782 FAIRHAVEN The BestBusinessPrinterInThe Busine~ 160 Huttleston Ave. Fairhaven, MA 02719 Tel. 997-4284 • Fax. 993-6685 I IL _ TH E HARNACLE Page 2 January 21, 1993 As we enLer the new year, we here at the Barnacle Magazine are working hard to bring you the latest in news and issues that confront this changing industry. It is going to be a ./ demanding year for everyone in the industry when the management plans get implemented. We also are extending our service of information via the telephone system. We have just begun a pay-for-use seafood price information line which will provide all the details of the morning's auctions at the Exchange Building and other news. We did it because the industry needs the information and does not get it elsewhere. The new "976-FISH" telephone service comes on the heel of a new price faxing service called FAXNET which we kicked off in late December. So we will continue to do our part to keep you informed of the confusing world of regulations and market information. I welcome your comments. Contents Photo by John Ryan: Terry from Terry's Chain Bags takes a moment from his busy work at his Pope's Island shop for a Barnacle cover photo. DEPARTMENT~ His firm specializes in manufacturing chain bags on a moments notice. Ship to Shore Messages 4 Coast Guard Log 12 Scallop Prices 14 BANKRUPTCY & REORGANIZATION Dragger Landings 18 From The Galley 26 The Law Offices of Classified 29 Fairbanks & FEATURES Koczera 6 I New groundfish proposal may go ATTORNEYS AT LAW before public hearings soon 11 George A. Fairbanks, III Andrew S. Koczera New telephone line dedicated to If you are an individual or business experiencing providing fish price info financial problems, or if you have overextended credit cards, repossessions, wage garnishment and The Barnacle is written and published two times amonth by Desktop late mortgage payments... Marketing Concepts, P.O. Box 71, Fairhaven, Massachusetts, 02719. Tel: (508) 999-4255. Subscription rates for mailings at $10.00 for 24 issues. Put Fairbanks & Koczera's extensive knowledge of We welcome guest columns and press releases. the complex laws of bankruptcy to work for you by Copyright ©1990, Desktop Marketing Concepts. exploring solutions to your financial problems Publisher/Editor, Gary S. Golas which mayor may not include the filing of Administration, Kathy Golas bankruptcy. Writer/Interpreter, Joe Vinagre Fairbanks & Koczera have a combined 29 years experience before the bankruptcy courts. One of Attorney Koczera's Special Writers, Richard Hiscock, bankruptcy cases was used as an example in Judge Harold John K. Bullard, Howard Nickerson Lavien's book, Bankruptcy Forms, West Publishing Co. 1982. Photographer, John Ryan CALL 997·1210 66 North Second St, New Bedford Never a fee for an initial interview Barnacle Office: 999-4255 FAX 999-4917 TH E BARNACLE Page 3 January 21. 1993 HAPPY BIRTHDAY HAPPY BIRTHDAY NICK PARISI John MacDonald Feb. 4 of Nantucket Jan 28th Your Personal Message can appear here in SHIP TO SHORE... handwritten by you...free of tiAJ>J>~ I3II<Tti[),A~ charge.; I<ay Canasta Simply write your birthday, anniversary, good I<CC Seafoods luck wish or poem, on a plain white paper with a black January ]Uth pen.or typed, .. include FULL NAMES of 80TH THE SENDER AND RECEIVER L _ and vessel names and - Mail it to...The Barnacle, HAP P Y 7TH B I RT HDAY P.O.Box 71, Fairhaven, Ma 02719. -OFFSHORE MARINERS ASSOCIATION­ Deadlines are the first and third Friday of each month for the IT'S BEEN A STRUGGLE, THE FUTURE preceeding issue. NEXT ISSUE MESSAGES FOR LOOKS DIH" WE HOPE TO HANG IN THERE PERIOD WITH YOUR HELP. Feb 11 - Feb 24 DEADLINE FOR THESE HOWARD W. NICKERSON 8 CRISTINA ROHAO FEB 5 MESSAGES IS .. .. ~~ Booksigning Baker Books Saturday, Feb 6, Noon to 2pm o Reassurance: Should I Worry About My Heart Skipping Beats? by Peter John Raposo A Fall River native now living in Tiverton, Mr. Raposo. 28, reveals the emotional difficulties ~ encountered when he was told by his physician that his heart skipped beats. Although a physician may tell a patient not to worry, that this is a common condition, Mr. Raposo says there is often a lack of information about how to cope with this bcnign affliction. The book givcs the reader a sense of understanding as well as techniques and foods which made a difference in Mr. Raposo's Life. A full service Bookstore in downtown New Bedford Mon- Sat 9am -6pm (Thurs until 8pm) Sun 12-5pm 80 William Street New Bedford, MA 02740 (508) 997-6700 Telephone orders taken...Master and Visa Cards accepted Orders shipped for additional charge Parking in Elm Strcel/Kerwin Garages validated THE BARNACLE Page 4 January 21, 1993 ... :.5UUL J.1 t+c..~ Jv 13mu~~ ~'u.f Z2.~ •<fJecpp.f.j (LruLWu~ 'St.1J...n..:. H:s vb<.liL OrLL ~ LfULA-/cLrocifl1---t.(fVJ'»./2d.. -10 !--IOJU./ U rJLL / I &bzX.- LJO~~ -C~Uui..- Sl£UL IJ tbtIuL -=r/v 3t5uJti¥-J r. Cft.IUJJlJ1.</ z:f 711 If You Own ABusiness In New Bedford Or Fairhaven, Fishing Is Your Business Too! Not Knowing Is Costly Be AFriend OfThe Co-Op. Join Today. Call John Bullard at 993-9926. Vour rights under the law are not limited by your social or .1 financial means. If anything was taken away or denied you or your family. then you have every right to due compensation. The Law exists for everyone of us. Rich or poor. Young or old. The Law exists to protect. If you feel that your rights have been trampled upon, call us. It will cost nothing to speak with us. There is no fee for our representation unless we are successful for you. NEW BEDFORD SEAFOOD • Auto Accident • Defective Products • Slip & Fall cO-OP AS OelATION • Work Injury • Animal Attack • Lead Paint • General Negligence • Medical Error Poisoning y CO-OP WHARF PORT OF NEW BEDFORD Hamel •Waxler MONITORING CHANNEL 11 Allen & Collins , Offices in New Bedford Offices in Fall River 993-8000 679-3800 Providence· Cranston THE BARNACLE Page 5 January 21, 1993 Council Approves Groundfish Plan For Public Hearing They Add Alternative With No Moratorium 'Written fJ}JJ Jolin 'l( '13u1Cart£ 'Director oj~islieries'lq.presentation, 'lI/S-w '13edjorcfSeajoocf Co·Op After hundreds of hours of we still have some differences of more than one mesh on board with strenuous debate, the New England opinion, it is encouraging to see at certain conditions. Fisheries Management Council has least one of the alternatives respond Before the ful1 vote on the finally approved a draft Amendment to our suggestions. It is important to Amendment the Council heard a 5 to the Groundfish Management note however that the Council prefers summary of the projected economic Plan. They took this long awaited an allernative that would regulate impact. Two conclusions were clear. action at the January meeting in south m ew England the same as The first and most important is that Danvers. Public Hearings could be the Gulf of Maine (with 6" mesh) any of the alternatives is significantly held as early as March. Responding and would limit access to the fishery. better over the long term than no to strong opposition from the In other words there is final1y a home action. The second is that gillnetters industry, the Council added a fourth for us to go, but we're not there yet. are more adversely affected than alternative that would combine the The Council also approved a trawlers. three area management plan with a provision offered by Jim McCauley The final vote was climactic. provision eliminating the of Point Judith that would weaken There had been much talk about the moratorium. the moratorium provision in the erosion of support for the draft This brings the fourth alternative preferred alternative. This would Amendment. There were certainly much closer to the position taken by impose in year 4 a I-year time delay some people who didn't like the plan ew Bedford fishermen acting to obtain a permit to groundfish. but felt sending it out to public through the Co-Op Groundfish This is an improvement that we hearing was their only option; they Committee. The (,:o-Op position should acknowledge. Jim McCauley considered going back to square one favors the three atea altemative also succeeded in adding a provision as too painful. Most people because it alone recognizes that that would allow fishermen with a projected a close vote. The final vote southern New England must be history of small mesh fishing to carry was 14 -3. I read this not so much managed differently from Georges Bank and the Gulf I of Maine. Our position Smithwick & Clarke Insurance, Inc. supports this alternative but advocates removal of MARINE INSURANCE the moratorium. We argued that the overal1 quota contained in the plan provided a fail-safe mechanism to the effort Finest companies Excellent Service reduction provision and ~~~~~ this made limited access Best Rates Fast Claims Service unnecessary. Determined Draggers Scallopers as they were to impose a moratorium, the Council Serving the New Bedford Fishing Fleet final1y agreed with this Please visit or call Antonio Martinho argument by an unexpectedly 113 MacArthur Drive, overwhelming 16 - 1 vote. We will review New New Bedford, MA 02740 Bedford's position after the (508) 999·4004 public hearing document has been prepared. While Portland Office: 400 Commercial Street, Portland, ME 04101 1-800-388-~ 636 THE BARNACLE Page 6 January 21. 1993 as support for the plan as support for is the first step. The monkfish Association acknowledge that this is the public's turn to be heard. In committee has distributed a voluntary an extreme position. Their real addition to the Co-Op meeting that we gear conflict resolution. They hope objective appears to be preventing an will have in New Bedford, there will . that if enough vessels voluntarily increase of fishing effort on lobsters also be an Industry Advisors meeting, subscribe to it, we can avoid a formal by draggers forced out of although at press time it had not yet government action. If you have groundfishing by the new been scheduled. received thi resolution in the mail, management plan. We will meet in On other matters the Council . please sign it and return it. If you Portsmouth on January 25th to try to heard a brief progress(?) report on have any questions on it, please call work out compromise language. If scallops. Public hearings are planned me. It would be good to show that you have comments on this issue, for February. The Council will fishermen can work out gear conflict please let me know before then. I can request an answer from NMFS on the issues by themselves without be reached at 993-9926. Northeast Atlantic Swordfish Net interference by the government. Lastly, Dr. William Fox attended Association's request for an the 2-day session in Danvers. He is Lobster experimental fishery. The Council vigorously campaigning to keep his supports the proposal as a way to The Council spent about a day on job as Director of NMFS and reduce marine mammal bycatch in a lobster i sues. The industry has Assistant Administer for Fisheries in gear that potentially has many submitted a 12-point plan to reduce NOAA. But in case he doesn't, advantages in terms of size selectivity. overfishing. Point 12 says, "No President Bush gave him career status The Council also approved a scoping lobsters may be landed that have been as Deputy Assistant Administrator for document for monkfish. Early harvested using the otter and beam Fisheries. In political circles this is indications are that this species is trawl (dragging) method of fishing or called "burrowing in." Known for his under strain and should be protected other mobile gear." Representatives scientific abilities, Dr. Fox is showing by a fishery management plan. This of the Maine Lobstermen's he's a politician as well. A GREAT SERVICE FOR BUSY FISHERMEN! FREE LAUNDRY PICK-UP & DELIVERY RIGHT FROM YOUR BOAT SQUEAKY CLEAN LAUNDRY SERVICE 1877 Purchase St., New Bedford MA WASH • DRY • FOLD 45 cents a pound Open Bam-Bpm SEVEN DAYS A WEEK Call 992-4085 and we will be there at dockside! THE BARNACLE Page 7 January 21. 1993 PART TWO Advisory Committee Approves Revised Licensing Plan This week we will complete our use of a dangerous drug, including review of the "revised" licensing plan marijuana. adopted by the Commercial Fishing DWIIDUI. Conviction for DWI/DUI are No. 34 Industry Vessel Advisory Committee at i considered to be more than minor traffic meeting last month in New Orleans. In the violation and reflect unfavorably on the A Contribution of last issue we covered the basic licensing applicant's uitability to be entrusted with ERE Associates Ltd. requirements, training by third parties, the duties and r sponsibilities of a license. age requirements, manning and Factors that the Coast Guard will by experience requirements. consider when reviewing the info.rmation Richard C. Hiscock CHARACTER AND HABITS OF regarding an individual's past will include LIFE -along with physical requirements -the type of offense; the number of -was one of the most difficult issues for offenses; the recency of the offenses; the the working group and the CFIVAC to age at which the offenses were deal with. But in the end it was agreed committed; any evidence of "career that operator of a commercial fishing criminal" status; and, relevancy of the ve sci should be subject to the same offenses to the issuance of the license. requirements as holders of othr,r Coast ( ee grandfathering section for more Guard licenses, such as: information.) FBI record and National Driver CHEMICAL TESTING as required by Registr)' check would be required to Federal law -pre-employment, periodic, verify criminal information supplIed on serious marine incidents, reasonable cause the application. and random, would be required for license Fraudulent application. Failure to holders, and for unlicensed crewmembers complete an application truthfully can in involved in the operation of the vessel. itself lead to a determination of fraud and REGENCY of sea service. Three months subsequently lead to the voiding of any of qualifying service within the three license issued under an application. years immediately preceding the date of Dangerous drug offenses. The Coast application. Guard has the authority to deny a license PHYSICAL REQUIREMENTS. The to any individual who has been convicted existing standards for applicant's vision, of a drug law violation within 10 years color sense, and general physical preceding the date of application, or who condition would be applied. has ever been a user of or addicted to the RENEWAL. A Coast Guard license is ATHEARN FISHERMAN'S TAX SERVICE MARINE AGENCY Tax Preparation Problem Resolution r.O.BOX 487 Withholding Plans Check Cashing .A1i.---­ N. CHATHAM, MA 02650 OFFlC'E: (508) 945-4505 WILLIAM J. ROCHA FAX: (508) 945-1306 Accountant FISHING YES EL BROKERAGE 4 Union Wharf Call (508) 991-4373 Fairhaven, MA 02719 (Across From Norlantic Diesel) erving the Fishemlan since 1946 TH EBARNAC LE Page 8 Januwy 21, 1993 _- ----_._--------------------------' .... ... issued for five years, and can be Initial Implementation By the end of the renewed by submitting evidence of implementation period all fishing Upon publication of the continued eligibility, including a vessel operators will be required to implementing regulations, there refresher course on personal survival, have an Application would be a even year period during stability and Rules of the Road. Acknowledgment or a Coast Guard which commercial fishermen would license. Existing Licenses: required to comply with the new To continue serving as a Master provisions and be licensed to preform Master of vessels 200 gros tons of a commercial fishing vessel the duties and functions as Master of or less must be appropriately beyond the expiration date of the commercial fishing industry vessels. endorsed to operate fishing vessels Application Acknowledgment the Individuals will be able to commensurate with the tonnage on individual must receive a Iicense­ submit an initial application. The the existing license. Applicant must The expiration dates of the Coast Guard will acknowledge complete a personal survival course. Application Acknowledgments will receipt of the application with a letter Operator of uninspected be managed so as to spread the work called an "Application passenger vessel, Mote on vessel of load out over a five year period. Acknowledgement". The Application 1600 gross tons or less must meet the Incentives will be developed to Acknowledgment will allow the requirements for an original license. encourage operators to apply early fisherman to operate vessels for a Master of vessels over 200 gross during the phase-in period. specified period of time. During that tons, and unlimited Mate are Each application must be period of time the fisherman must considered to be equivalent for accompanied by a self-certified sea obtain a certificate indicating that he service on commercial fishing service form, or a letter from the or she has successfully completed an vessels less than 200 gross tons. vessel operating company (or approved training course. companies) certifying the name(s) e C 0 A S TAL e N~Z-(i~~ n.~C~LII:I--'~L ---~--- ~-- The Fleet's Choice® , Natural High Cetane Corrosion Inhibitor , , ,helps reduce emissions up to 16 percent, , , , provides t'lighest National Association , , .provides more power and quicker winter starting, of Corrosion Engineers anti-corrosion rating for complete fuel system protection. , , , helps reduce maintenance. extends engine life, Non-Alcoholic Deicer .. ,disperses and lowers freeZing point of water Cold Flow Improver to help prevent filter clogging, , , ,provides optimal winter operability. Superior Detergent EPA-Registered Biocide , , ,helps clean up engine, increases power During summer months, our fuel safely and fuel economy, helps eliminate biological problems, n For more information call Bill Harrop or any of our drivers on the waterfront. Available in New Bedford and Woods Hole, MA I GlenPark 508-996-8271 Portland, Bangor and Rockland MEl Webber Energy 207-942-5501 3 I) CALL 1-800-776-7634 FOR THE NAME OF YOUR NEAREST DEDICATED DEALER THE BA ACLE Page 9 January 21. 1993 and official number(s) of the incarcerated for the previous five LRA-2/3406), 2100 Second Street vessel(s) served on. years will normally be granted a SW, Washington, D.C. 20593-0001 ­ GRANDFATHERING. Individuals license. Refer to docket number: CGD-88­ obtaining a license during thc seven Applicants must be up-front and 079a. If you have not received a copy year implementation period for the truthful concerning their past history. of the SNPRM contact the District licensing of fishing ves els operators If an applicant has a tainted past, he Coordinator at the number below. would have to meet the following needs to show evidence to the Coast For Further Information requirements ­ Guard that he can be entrusted with a Master of fishing vessels less than Coast Guard license. Submitting a If you still have not received a 79 feet -360 days as person in charge fraudulent application will only copy of the new fishing vessel safety on fishing vessels. hinder his opportunity to receive a regulations or pamphlet, or if you Master of fishing vessels less than Coast Guard license. have specific questions about how to 200 gross tons, 79 feet or more ­ Recency. No requirement for recency comply with the regulations please 720 days as person in charge on of service during the 'grandfathering' contact Mr. Ted Harrington, Mr. Bob fishing vessels, with at least six period. Higgins, or LCDR Paul Von Protz, months of the time on fishing vessels Physical requirements during First Coast Guard District Fishing over 79 feet. grandfathering period. Vessel Safety Coordinator , at 617­ Training -Third party training would Color vision. Applicants with color 223-8444. be limited to: personal survival, vision problcms would be limited to Courtesy Examinations stability, Rules of the Road, first-aid operation between sunrise and sunset and CPR. Vision. Applicant's corrected vision If you would like the Coast Character and habits of life -Lack in the better eye is at least 20/40 and Guard to conduct a courtesy of recent convictions is clear whose uncorrected vi ion in the examination of your commercial evidence of rehabilitation, especially better eye is at least 20/400. fishing vessel contact the Fishing if the applicant has had time to prove Hearing. Applicant possess an Vessel Safety Specialist in your area: rehabilitation. "Application average threshold of more than 40db MSTC Tim White, MSO Portland, acknowledgements" will allow the in each ear at 500, 1000, 2000, and Maine (207-780-3251); CWO Joe individual with past criminal 3000 Hz and/or functional speech McKechnie, MSO Boston, Mass. convictions to operate fishing vessels discrimination of at least 90% at (617-223-3020); CWO Jim Price, for an additional period of time, a 55db in both ears with the use of a MSO Providence (401-528-5335); minimum of two years. During this hcaring-aid. CWO Jim Kurz, Group Long Island period if the applicant shows no Reminder On The SNPRM Sound (203-468-4400); or, LT(jg) subsequent conviction this will be Comment Extension Paul Arnett, MIO New York (212­ acceptable as evidence of rcform .. 668-7810). Certain crimes -such as crimcs The comment pcriod on the against national security, capitol or Supplemcntal Notice of Proposed Richard C. Hiscock,jounder and president of first degree murder, crimes of Rulcmaking (SNPRM), discussed in ERE Associates Ltd., in North Chatham. violence such as rape or assault with previous issues of SAFETY NOTES, Massachusells. afirm dedicated to marine and a weapon, career criminal, and has becn extended 60 days to 28 fishing vessel safety, previously published importation of drugs -are so scrious Fcbruary 1993. Comments may be SAFE1Y NOTES for FISHERMEN and was that the applicant must be evaluatcd submitted in writing or you may call aUlhor and editor ofthe FISHERMAN'S to determine fitness to hold a licensc. a special 800 number established by DIGEST.He isamemberoftheSocietyof The purpose of the evaluation is to the Coast Guard for this rulemaking: Naval Architects and Marine Engineers. the keep the hard core and habitual 800-282-8724. Call this number 24 U.S. Marine Safety Association. and serves on criminal from receiving a Coast hours a day, seven days a week up . the Coast Guard's Commercial Fishing Guard license and give the reformed until the close of the comment period Industry Vessel Advisory Commillee. a criminal the opportunity to make on 28 February 1993. Address your Telephone 508-945-2182. living. An applicant who has no comments and concerns to: Executive criminal conviction within tcn years Secretary, Marine Safety Council, before applying, and has not be Commandant U.S Coast Guard (G­ I L THE BARNACLE Page 10 January 21, 1993

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