Fishing Industry Alerts

WASHINGTON, D.C. – Speaking at the Maine Fisheries Forum today, Samuel Rauch, acting assistant adminstrator of NOAA Fisheries Service, assured fishermen that the 10% carryover provision will not be affected by any interim measures that might be adopted. Mr. Rauch stated, "We heard concerns from fishermen that as part of their business planning, they needed to know as soon as possible whether they would be able to carryover up to 10 percent of their 2011 allocation into the 2012 fishing year as they had done in 2010/2011.  We want to assure fishermen that the interim measures we are working on for 2012 will not affect their ability to carryover this allocation into the new fishing year."

The council announces an extension of the survey and comment deadline for its Visioning Initiative. For anyone interested in fisheries managed by the Council, survey responses can now be submitted until February 29, 2012.

"The Council has reached a pivotal moment in the management of our region's fisheries. While we have effectively rebuilt most of our managed stocks, we need to develop a cohesive vision for the future of our fisheries, fishing communities, and ecosystems. With this vision we can develop a strategic plan that includes specific goals, timelines, and metrics for success," said Council Chairman Rick Robins.
 
The Council is asking the public to take one or more online surveys to provide their ideas and comments on fisheries management policies and processes. This is an opportunity for stakeholders to share their varied perspectives and opinions with the Council. In addition to the main survey, there are short species-specific surveys where anyone interested in a particular species can provide detailed input on the management of that fishery. Links to all surveys are posted on the Visioning website:  http://www.mafmc.org/vision
 
Organizations also have the opportunity to submit position letters that will be included in the Visioning data package. Any organization, including non-governmental organizations, recreational fishing clubs, and commercial fishing associations, can submit a letter addressing areas of particular concern or providing recommendations to the Council. Position letter guidelines are available on the Visioning website.
 
Although nearly 900 surveys have already been submitted, the Council decided to extend the deadline by a month so that everyone who wants to participate has an opportunity to do so. "We recognize that the Council's stakeholders have a range of interests and priorities. We are really trying to make sure that the results of this project accurately represent these interests and that we get high levels of participation from all stakeholder groups," said Executive Director Chris Moore.
 
The deadline for submission of surveys and position letters is February 29, 2012. All input received will be presented at the April Council meeting, at which point the Council will begin crafting a vision and accompanying strategic plan designed to achieve that vision. For additional details about the project, or for survey links and position letter guidelines, visit  http://www.mafmc.org/vision or contact Mary Clark at mclark@mafmc.org  or (302) 526-5261.

Read the press release on Saving Seafood

 

 

 

 

 

WASHINGTON, D.C. – NOAA Fisheries (National Marine Fisheries Service) chief Sam Rauch will join Saving Seafood executive director Bob Vanasse today on WBSM's Saving Seafood Radio.

Mr. Rauch will discuss his background and plans for the agency, including his views on social and community concerns, the economic importance of the fishing industry, and plans for potentially more cooperative research.

There will be an in-depth discussion of the current issues and the situation surrounding Gulf of Maine cod including efforts to allow flexibility in setting the rules for the 2012 season, concerns regarding the 2011 assessment, and plans for examining additional data before the 2013 season.

Finally Mr. Rauch will discuss his plans for the Boston Seafood Show and the re-launch of the Fish Watch program and website.

The show airs at 1 p.m. ET today, and can be heard in Southeastern Massachusetts, Cape Cod, Martha's Vineyard, Nantucket and eastern Rhode Island on AM 1420.  Outside the listening area, the show can be streamed live at http://www.wbsm.com/

The audio will also be posted to Saving Seafood this evening.

 

 

 

 

 

 

WASHINGTON, D.C. – The Commerce Department Inspector General has conducted the review to address concerns with controls over the Asset Forfeiture Fund (AFF) raised in OIG reports published in January 2010 and July 2010.

The Commerce Department Inspector General has released their final report , More Action Needed to Improve Controls in Asset Forfeiture Fund, which revealed several weaknesses in NOAA's management and internal controls over the AFF. The July 2010 report also showed that NOAA inconsistently identified accounts that constituted the AFF.

Their review focused on determining (I) if NOAA properly defined assets comprising the AFF, including the completeness and accuracy of funding sources, (2) if NOAA appropriately defined allowable uses of fund assets and developed controls over collections and disbursements, and (3) if the audit plan of the independent auditor of the AFF financial statements was designed to provide reliance on the AFF cash balances as of March 31, 2011, and if the independent auditor could provide an opinion on the balance.

They found that NOAA (I) lacks appropriate controls to assure that all proceeds from fines, penalties, and forfeitures are received and accurately recorded, and (2) has not accurately recorded or adequately pursued the total amount owed for fines and penalties. Their report describes these weaknesses in detail and recommends steps to strengthen controls over Asset Forfeiture Fund activities. They also noted that the AFF does not contain all fines, penalties, and forfeited proceeds collected by NOAA for marine resource violations; described NOAA's accounting for the use of fines and penalties from Northeast Multispecies Fishery Management Plan violations; and provided a further clarification of AFF inflow and outflow data.

 
A bill sponsored by Congressman Barney Frank, HR 2610 – Asset Forfeiture Fund Reform and Distribution Act of 201,  would address deficiencies related to the Asset Forfeiture Fund.

The bill currently has 12 cosponsors:
 
Rep Courtney, Joe [CT-2] 
Rep Guinta, Frank C. [NH-1] 
Rep Jones, Walter B., Jr. [NC-3] 
Rep Keating, William R. [MA-10] 
Rep Lynch, Stephen F. [MA-9] 
Rep Markey, Edward J. [MA-7] 
Rep McGovern, James P. [MA-3] 
Rep McIntyre, Mike [NC-7] 
Rep Michaud, Michael H. [ME-2] 
Rep Pallone, Frank, Jr. [NJ-6] 
Rep Pingree, Chellie [ME-1] 
Rep Tierney, John F. [MA-6] 
 
1.    The bill refunds attorney's fees from the Asset Forfeiture Fund (AFF).  Victims would be compensated for attorney's fees capped at $200,000.  The Secretary of Commerce would have 60 days to determine whether to provide a reimbursement and the amount of the reimbursement.
 
2 – The remaining funds and all fines collected by September 30th FY 2011 in the AFF will then be distributed to NOAA and the states per an 80/20 distribution with 80% going to NOAA for stock assets and 20% percent to the states for research and other purposes as outlined in the bill:
 
(i) fishery research and independent stock assessments, including cooperative research;
(ii) socioeconomic assessments, including socioeconomic conditions of fishing communities;
(iii) data collection, including creation of an information system that will enable timely audit and transmission of data for utilization by researchers and other collaborating institutions;
(iv) compensation for the costs of analyzing the economic impacts of fishery management decisions and to analyze potential methods to provide targeted compensation to fisherman that have been harmed by such management decisions;
(v) at-sea and shoreside monitoring of fishing;
(vi) preparation of fishery impact statements;
and
(vii) other activities that a Regional Fishery Management Council of which the State is a member considers to be necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, provide socioeconomic economic assistance, or maintain fishing communities.''.
 
3 -100% of future AFF funds collected in FY 2012 and beyond will be used for solely for state research – removing the Agency incentive for higher fines.
 
4 – NOAA must reassign its ALJs in the various Council Regions after a 5 year period.  They may accomplish this be either moving an ALJ into another region, or hiring an ALJ form another Agency.  This part of the bill is no long needed because NOAA is no longer using Coast Guard ALJs.  They signed an MOA with the EPA in September.

Read the complete report from the Commerce Department Inspector General

 

 

 

 

WASHINGTON — A bipartisan, bicameral group of 19 New England lawmakers today wrote to Secretary of Commerce John Bryson urging his department's help in preventing the collapse of the region's historic cod fishing industry.

Specifically, the members of Congress requested that the Secretary use his authority to set 2012 catch levels for Gulf of Maine cod at "a level that would allow the industry to survive," should the New England Fishery Management Council (NEFMC) request interim measures during the Council's meeting tomorrow in Portsmouth, NH.

The text of the release follows:
 
In the letter, Senators Olympia J. Snowe (R-Maine), John F. Kerry (D-Mass.), Scott P. Brown (R-Mass.), and Kelly Ayotte (R-N.H.), as well as Representative John Tierney (D-Mass.), Rep. Bill Keating (D-Mass) and others also praised the National Oceanic and Atmospheric Administration (NOAA) for working in a collaborative manner with critical stakeholders to reach a solution that both boosts New England's fishing industry and rebuild the cod stock to sustainable levels.

"The groundfish industry has been living within its means according to the best available science until, through no fault of its own, the best available science changed," said Senator Snowe, Ranking Member of the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard. "I urge the Commerce Department to explore all possible options to find latitude within the existing law, allow an extension of the rebuilding period, and to be responsive to the New England Fishery Management Council should they request an interim action tomorrow.  The Magnuson-Stevens Act expressly authorizes the Secretary to set catch levels that will provide for the continued existence of our historic and diverse fleet, and I hope that there will be support from the Secretary for catch levels that can support the commercial as well as the recreational fleet."

"We know that you can't plunk down a reduction in catch limits without data and information that people can trust and without an economic plan to make sure people aren't getting hurt," said Senator Kerry.  "We've got to take steps now to ensure the health and long term stability of our fishery, and I'm gearing up to make sure that any decision goes hand in hand with economic help.  We do it for farmers, you have to do the same for fishermen."

"I hope that with clear support from Congress, the Council and NOAA will adopt a plan for Gulf of Maine cod that ensures our fishermen stay fishing," said Senator Brown.  "No one understands the condition of that stock better than the fishermen who are out there every day.  When they say that they believe the NOAA cod assessment is based on flawed data, I believe NOAA ought to listen to them and make sure they get the science right.  I will continue working with all stakeholders to fix the assessment process and improve accountability."

"Restricting the Gulf of Maine cod catch limit would disproportionately impact New Hampshire's fishermen – reducing our state's quota by 90%," said Senator Ayotte, a member of the Senate Commerce Committee.  "This would bar New Hampshire's traditionally small-boat fleet from inshore fishing, effectively forcing our fishermen out of business.  New Hampshire's fishing industry has already been hard hit by flawed catch share policies,  I am deeply concerned that the industry will not survive if our quota is so drastically reduced."

"As Massachusetts fishermen continue to struggle with a seriously flawed fishery management system, the stakes couldn't be higher," Congressman Tierney said.  "It is imperative that the Council and NOAA use the emergency provision provided to them in federal law to establish an interim Gulf of Maine Cod catch level and prevent a potentially disastrous economic loss for our fishermen. While NOAA has signaled that it agrees the Council can take this step, I urge the Council and NOAA to ensure the interim catch levels are high enough to keep our fisheries afloat.  Anything less will be devastating to our communities."

"This letter sends a strong message to Secretary Bryson and the Department of Commerce that we will not back down in our fight to protect our fisherman and their industry,” said Rep. Keating.  “I don’t know how many different ways we need to say it to the Commerce Department, but the 2012 annual catch limit needs to be an amount that will prevent a collapse of the cod fishing industry.  Secretary Bryson and his department have the legal authority to allow an extension of the rebuilding period, and it is now more imperative than ever that he explore every potential opportunity to protect and preserve our fishermen's livelihoods.”
 
“If there is one thing to be learned from this crisis, it is that there remains a vital need for improved data, more accurate stock assessments and well-coordinated implementation of data analyses,” continued Rep. Keating.  “I implore the Commerce Department and NOAA to prioritize these needs in 2012."

Read the letter
 
BACKGROUND:  Atlantic cod are managed and assessed in two separate stocks ­ the Gulf of Maine stock and the Georges Bank stock.  Under Section 304 of the Magnuson-Stevens Fishery Conservation and Management Act, a ten-year rebuilding timeline was placed on over fished stocks in the Northeast.  Senator Snowe and Representative Barney Frank (D-Mass.) initiated a National Research Council study to provide a scientific analysis of the appropriateness of that rebuilding timeline.  A 2008 assessment showed that the recovery of the Gulf of Maine cod population was on target to meet the law's mandated requirements until the release of the most recent assessment.  The most recent cod assessment revealed that the young fish scientists originally believed they saw in the 2008 assessment, and which fishermen would be catching now, may have been overestimated or did not recruit to the fishery as expected.

 

 

 

 

 

The Massachusetts senator asked federal regulators for a new assessment of Gulf of Maine cod stocks, but NOAA head Jane Lubchenco has turned Kerry's request down.

BOSTON (AP) – Jan. 26, 2012 — The nation's oceans chief has turned down a request made first by Sen. John Kerry for a new assessment of the health of Gulf of Maine cod.

New data indicates cod is badly overfished, and fishermen now face ruinous cuts in their catch. The data has drawn skepticism from fishermen because it's a reversal of a recent, optimistic study.

In December, Kerry asked for a new cod assessment that fishermen can trust.

Read the letter Dr. Lubchenco sent to Senator Kerry

Read the complete Associated Press story

 

 

 

 

 

 

Eric Schwaab assumed a new job as acting assistant secretary of commerce for conservation and management. He now is responsible for ocean resource management, coastal management, and protected resources.

Sam Rauch, who had served as deputy assistant administrator for regulatory programs at NOAA Fisheries, replaced Mr. Schwaab and today became acting assistant administrator for fisheries.   

Although the actual position that Mr. Schwaab assumed is an Obama Administration addition to the NOAA Administrators' inner circle, there is precedent for the position. Saving Seafood has examined that history, the positions's opportunities and its potential for positive change.

In light of that, in this Saving Seafood news analysis, we examine the possibilities for Mr. Schwaab in his new role, and what he might do as acting assistant secretary to assist the industry.

When the Obama Administration nominated Terry Garcia to fill the roll of Deputy Secretary of Commerce last May, they did so with consideration for Mr. Garcia’s extensive record of prior experience within the Commerce Department. Under President Clinton, Mr. Garcia served as NOAA’s Assistant Secretary for Oceans and Atmosphere. Historically, at least one of the officials who reports directly to the NOAA Administrator is charged with focusing on fisheries-related issues from a political and managerial perspective. Mr. Garcia played that role during the late Clinton years.
 
As Assistant Secretary, and previously as NOAA’s general counsel, Mr. Garcia solidified his reputation as an exemplary leader. So, with this record of past service, it was unsurprising to see Garcia’s name atop the current administration’s list of candidates for Deputy Secretary of Commerce. But despite Mr. Garcia’s seemingly destined future as the next Deputy Secretary, the former Clinton appointee’s expected fate was, quite literally, unable to stand the test of time. Having endured a lengthy confirmation process best characterized by its gruelingly slow pace, and with no apparent end in sight, Mr. Garcia withdrew his name from consideration. Had he taken office, he would have been the Administration’s lead troubleshooter on pressing fishing issues, including New England ground fish.
 
Dr. Becky Blank ascended to the post once tentatively stamped with Mr. Garcia’s name. Though Dr. Blank also has a record of successful service as both Acting Secretary of Commerce and Acting Deputy Secretary, she does not bring to the Deputy Secretary’s office a background in fisheries management.
 
Enter former Assistant Administrator for NOAA Fisheries, Eric Schwaab, who today moved to one of NOAA’s top positions: acting Assistant Secretary for Conservation and Management. With the prospect of Terry Garcia’s assistance as Deputy Secretary of Commerce now fully extinguished, Mr. Schwaab’s promotion offers the fishing industry its best hope at equitable representation within the current administration. While Mr. Schwaab’s performance as head of NOAA fisheries has not exactly brought on non-stop cheers from the industry, his new position offers him an opportunity to play a major role in continuing NOAA’s efforts to repair what Dr. Lubchenco described during her own confirmation hearing as the “dysfunctional” relationship between NOAA and the New England and Mid-Atlantic fishing industry.
 
Now removed of his responsibility for the day-to-day activities of NOAA Fisheries, Mr. Schwaab’s time will no longer be stretched between overseeing a budget of nearly $1 billion, myriad regional offices and administrators, thousands of employees and contractors, and numerous programs. Instead, he’ll now work directly with top Commerce Department officials, including NOAA chief Administrator Jane Lubchenco and Deputy Secretary Blank, to address the issues most urgent to NOAA.   
 
Coming from the position of NOAA Fisheries Administrator, Mr. Schwaab could become the senior NOAA leader who acts as the political and managerial point person for fisheries. If he chooses to do that, he can move NOAA forward significantly on the numerous legitimate concerns of the New England and Mid-Atlantic fishing industry.
 
Amongst these critical issues, concerns about the status of Gulf of Maine cod have dominated recent conversations regarding the health of northeast fisheries. Three years ago, this species was declared to be on the road to recovery.  Harvest limits were increased, and NOAA took credit for its stewardship of the fishery.  But now, a controversial new assessment claims the stock to be in trouble.  Twenty two thousand metric tons of spawning fish have allegedly disappeared – a biologically improbably occurrence. Mr. Schwaab has stated that it is possible that both assessments were valid, but also possible that one or both of the assessments were flawed.   The questions surrounding the cod assessments have caused observers ranging from laymen to fishermen to scientists to once again question NOAA’s ability to count fish. Mr. Schwaab can be commended for having already demonstrated a dedication to solving the Gulf of Maine cod problem.  In a December interview on the Saving Seafood radio program, he made clear that the fishermen did nothing wrong.  In fact, as he accurately noted, they did exactly what NOAA and the council process told them to do.
 
If, now free of the managerial responsibilities of his prior job, Mr. Schwaab focuses on developing an innovative solution to the Gulf of Maine cod conundrum, as well as examining the less-than-credible stock assessments that are the underlying cause of the problem, he could do a great deal to improve NOAA’s credibility in New England and mid-Atlantic fishing communities.
 
Mr. Schwaab must bring to his new job in the upper reaches of NOAA a focus on a much-overlooked part of the Magnuson-Stevens Act.  National standard eight of the act states “Conservation and management measures shall…take into account the importance of fishery resources to fishing communities.”   It’s clear that the fishermen and residents of our eastern seaboard fishing communities don’t think that is happening.  In fact, one of the most popular bumper stickers on vehicles at working waterfronts in the northeast reads “The National Marine Fisheries Service, Destroying Fishermen and their Communities since 1976.”
 
Another crucial issue facing NOAA in fisheries is the upcoming selection of two important positions, NOAA’s next Regional Administrator for the Northeast Region and the next Director of the Northeast Science Center. In April of 2011, NOAA released two reports addressing serious management and science problems in the northeast.  A management report produced by the Touchstone Group under the leadership of Preston Pate found numerous serious problems both within NOAA and within the New England Council.  A science report by Michael Sissenwine and Brian Rothschild similarly found serious issues within NOAA’s science establishment.  The new leadership in the Northeast Regional Office and at the Northeast Science Center needs to address these problems.  NMFS needs all the problems cited, not just those that are easy to solve or convenient.
 
Given the New England and Mid-Atlantic’s position at the epicenter of countless fishery-related crises, Mr. Schwaab must ascertain that the right people are chosen for these positions.  They must be qualified individuals who will be viewed by industry members as fair, and responsive to both the needs of fishing communities and the preservation of the resource. Once appointed and in place, he should work with these new leaders and their respective offices to develop a new approach by their management and science teams. These must be teams that are more responsive to the needs of industry and willing to take the necessary steps to protect coastal fishing communities.
 
What he needs to do is both simple and, in terms of affecting change in a complex Federal bureaucracy, difficult.  He needs to find a way for NOAA to have more robust engagement with the industry in New England and the Mid-Atlantic.
 
This theme of finding a way for disparate groups to better work together also aptly characterizes Mr. Schwaab’s responsibilities for oversight over three important line offices within NOAA: NOAA Fisheries, the National Ocean Service, and, under it, the National Marine Sanctuary Program. Though intended by design to work together, these offices have not always coordinated their efforts.  One such example unfolded last year when the National Marine Sanctuary Program proposed the creation of the Stellwagen Ecological Research Area (SERA), which would have closed off significant parts of the groundfishery.  This occurred with limited input from NOAA Fisheries and no strong leader at NOAA headquarters to  look at this issue with a holistic view regarding its impact on fishermen.
 
Mr. Schwaab has an opportunity to fix this problem. If he can find a way for NOAA Fisheries, the National Ocean Service, and the National Marine Sanctuary Program to function with efficiency, effectiveness, and coordination, that would be another significant accomplishment.
 
Mr. Schwaab accepts this promotion as the “acting” Assistant Secretary for Conservation and Management. As the “acting” Assistant Secretary, he is effectively on trial to one day become the Senate-confirmed permanent occupant of this sub-Cabinet position. Dr. Blank similarly held her position as “acting” before being nominated to hold the position permanently. If Mr. Schwaab addresses the many legitimate issues facing eastern fisheries, he should be able to count on industry support to become the next Senate-confirmed occupant of this important position. 

WASHINGTON – Jan. 13, 2012 – NOAA Administrator Dr. Jane Lubchenco has decided to transfer the responsibilities recently assigned to Mr. Dale Jones elsewhere within NOAA according to a statement given to Saving Seafood by a NOAA spokesperson.

WASHINGTON – Eric Schwaab, currently assistant administrator for NOAA Fisheries, the top fisheries position at NOAA, has been selected to become acting assistant secretary of commerce for conservation and management. According to several sources, Mr. Schwaab moves to the new position on January 17.

The assistant secretary of commerce for conservation and management is responsible for ocean resource management, coastal management, and protected resources.
 
Dr. Larry Robinson left the position last November.
 
Concurrent with Mr. Schwaab's move, Sam Rauch, who now serves as deputy assistant administrator for regulatory programs at NOAA Fisheries, will replace Mr. Schwaab and become acting assistant administrator.
 
NOAA Fisheries is formally known as the National Marine Fishing Service.
 
The formal announcement is expected later today.

 

HOUSTON — Omega Protein Corporation today announced that Dr. Jonathan Shepherd has joined its Board of Directors effective January 1, 2012.

Dr. Shepherd has also become Chairman of Omega Protein's Scientific Committee, replacing Dr. William E. M. Lands. Dr. Lands will continue in his role as a Director on the Board and as a member of the Scientific Committee.

Dr. Shepherd previously served as Director General of The International Fishmeal and Fish Oil Organization (IFFO), an international non-profit organization which represents fish meal and fish oil producers and related trades throughout the world, from 2004 to 2011. Previously, Dr. Shepherd was Group Managing Director of BioMar, a fish feed company based in Denmark. Dr. Shepherd also held a series of senior positions with Unilever, Peter Hand and Norsk Hydro in connection with fish farming, pharmaceuticals, and feed manufacturing.

"We are excited to have Jonathan join the board and welcome his in-depth experience and perspective on the issues affecting the fishing industry worldwide," said Mr. Joe von Rosenberg III, Chairman of the Board. "We have had the pleasure of working with Jonathan for many years while he was at the IFFO and believe he will play an important role as Chairman of our Scientific Committee long-term."

Dr. Shepherd has a BVSc from Liverpool Veterinary School and a PhD from Stirling University. Dr. Shepherd is a citizen of the United Kingdom.

About Omega Protein CorporationOmega Protein Corporation is a nutritional ingredient company and the nation's leading vertically integrated producer of Omega-3 fish oil and specialty fish meal products. Omega Protein makes its products from menhaden, an Omega-3 rich fish which is abundantly available along the U.S. Gulf of Mexico and Atlantic Coasts.

Read the complete story from Market Watch