Fishing Industry Alerts

NOAA Administrator requests formal investigation of industry concerns regarding NOAA’s enforcement practices. In response to a May 1 request from Senators Kennedy and Kerry and Congressmen Frank, Tierney, and Delahunt, NOAA Administrator Jane Lubchenco has asked the Commerce Department’s Inspector General to conduct a formal investigation of the concerns raised by the commercial fishing industry regarding NOAA’s enforcement practices in the Northeast. Senator Kennedy responded, "The fishing industry has been a vital part of the Commonwealth?s heritage for hundreds of years, and we must work together to build confidence that the proper procedures are followed in every instance. I welcome the Administrator’s decision to request an investigation by the Office of the Inspector General, and I look forward to reviewing the results." Dr. Lubchenco’s letter to Senator Kennedy is be available on SavingSeafood.org at: https://www.savingseafood.org/images/documents/congress/kennedy_response%20letter_ig.pdf

Want to learn more about catch shares from fishermen who are fishing under this management system?

Two fishermen and a former fishery manager from British Columbia will be in New England in June to talk with local fishermen about catch shares and their impact on the fishing industry.Come, listen and ask questions. Refreshments will be provided.

Meeting Locations and Times:

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Narragansett, Rhode Island Tuesday, June 25-7pm             

Coastal Institute Bay CampusUniversity of Rhode Island

Narragansett, RI,

Hazard Rooms

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Portland, MaineWednesday, June 35-7pm             

Gulf of Maine Research Institute

350 Commercial Street, Portland, ME

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New Bedford, Massachusetts Thursday, June 4 12-3pm           

Waterfront Grille36 Homers Wharf,

New Bedford, MA

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Gloucester, Massachusetts Thursday, June 45-9pm

Gloucester House

63 Rogers Street,

Gloucester, MA

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Sponsored by Environmental Defense Fund

Email Emilie Litsinger at elitsinger@edf.org with any questions

 Goal is to mitigate effects of days-at-sea reduction.

 

New Bedford Mayor Scott Lang’s Ocean and Fisheries Council has completed a plan proposing strategies to possibly mitigate days at sea reductions in southern New England and to support future advances in fisheries management.

Invited by Mayor Lang, Massachusetts Governor Deval Patrick attended a meeting of the Ocean and Fisheries Council on April 16, 2009. The Governor listened to the concerns of commercial fishing representatives regarding current federal regulations.  The participants expressed distrust in the federal science programs that generate the information being used to manage the fisheries. 

It became apparent to the Governor that third-party research could build public confidence in management decisions while adding needed information about our fisheries resources. The audience supported the University of Massachusetts’ School of Marine Science and Technology (SMAST) as the entity to engage in this activity. The University’s relationship with the Massachusetts Division of Marine Fisheries (MADMF) constituting the Massachusetts Marine Fisheries Institute (MFI), provided an apprporiate partnership to address this task. 

The resulting plan was a joint effort of the Mayor’s Ocean and Fisheries Council; Massachusetts Division of Marine Fisheries, particularly Paul Diodati and David Pierce; and the School for Marine Science and Technology, particularly Kevin Stokesbury.  Steve Cadrin of NOAA Fisheries provided valuable input.

In response to Governor Patrick’s request, the members of the planning team propose partnering with NOAA Fisheries to:  

1. Review the SNEMA winter flounder assessment;  

2. Describe modifications to the present fishing boundaries that will allow more effective fishing of the Georges Bank stocks; 

 3. Examine alternative fishing strategies and gear designs to minimize catch of winter flounder while obtaining optimum yield from other stocks;  

4. Develop a survey involving fishing vessels including a monitoring program;  

5. Design a fishery management and information system to facilitate current and anticipated management. 

The complete plan can be downloaded from the Saving Seafood website:

https://www.savingseafood.org/images/documents/regulation/strategies%20to%20mitigate%20the%20das%20reductions%20in%20sne%20final%5B1%5D.pdf

Letter will address the overabundance of spiny dogfish on traditional fishing grounds and their interference with other fisheries.

Fishermen Organized for Responsible Dogfish Management, an ad hoc group of recreational, commercial and party/charter fishing and allied organizations and businesses, will be approaching NOAA Administrator Lubchenco asking for her help in a situation which is becoming increasingly critical to fishermen from the Carolinas to Maine – the overabundance of spiny dogfish on traditional fishing grounds and their interference with other fisheries.

If you are in an organization whose members are being adversely affected by dogfish or a business that is similarly affected on the East coast, please take a few minutes to fill out the form at http://fs16.formsite.com/NilsStolpe/form629955342/index.html, indicating that you will sign onto a letter to Dr. Lubchenco. We are aiming to transmit the letter to Dr. Lubchenco, on Wednesday, April 21, but will keep the sign-on site above active, and will keep NOAA/NMFS personnel informed as the list grows.

If you have any questions, please contact Nils Stolpe via email at nilsstolpe@fishnet-usa.com. If you know anyone else who you think would be interested in the dogfish issue, please forward this email to themFor more dogfish information, visit the website for the Dogfish Forum that was held in Philadelphia last September (http://www.fishnet-usa.com/dogforum1.htm).

NOAA Commits $16 million for Research, Reporting and Monitoring.

Council Rejects report, tells Judge Harrington NMFS failed to consider Mixed-Stock Exception.

NOAA commits $16 million

At the New England Fisheries Council meeting this morning in Mystic, Connecticut, NOAA Administrator Dr. Jane Lubchenco announced $16 million of its current fiscal year 2009  budget for research, reporting and monitoring, to assist the Northeast fishing industry with the transition to  management of the fishery by sectors and catch shares. Although there is no direct aid for affected fisherman, NOAA promises $6 million for cooperative research, enhancing existing research projects in which fishermen and scientists work together to improve surveys of fish stocks, as well as develop and test fishing gear that targets healthy stocks.  An additional ten million will be used to develop data reporting and fishery monitoring systems to better monitor fishing efforts, document catches, and track fishing permit transfers.

Read more –> https://www.savingseafood.org/economic-impact/noaa-commits-16-million-to-northeast-fishing-industry-for-research-reporting-and-monit-3.html

Council rebuffs NMFS on Mixed-Stock Exception

The New England Fisheries Management Council on Monday voted 12-4-1 to reject a NOAA report and to inform Federal Judge Harrington that NMFS failed to provide a proper qnalysis of the Mixed-Stock Exception

Read more –> https://www.savingseafood.org/management-regulation/council-says-nmfs-failed-to-provide-a-proper-analysis-of-mixed-stock-exce-2.html

NOAA announced interim fishing measures they describe as protecting "the Northeast groundfish stocks most in trouble, while still allowing the fishing industry to target some healthy stocks as the fishery rebuilds."

According to NOAA the new measures will:

Continue to allow commercial fishermen to target healthy stocks such as haddock on Georges Bank and in the Gulf of Maine.  For hook gear fishermen, expand the size of the area where they have special access to haddock and lengthen the fishing period in it from three months (October to December) to nine months (May to January). Decrease minimum legal size for haddock by one inch, allowing more fish caught to be landed. Give businesses more flexibility by allowing roll-over of unused bycatch allocations during the first three quarters of the fishing year, and freer transfer of groundfish permits and leasing of days-at-sea. Enlarge the fishing area in southern New England waters where each fishing day-at-sea is counted as two days against an individual vessel’s total days-at-sea allotment to give greater protection to winter flounder, the stock most in need of protection. Prohibit vessels from keeping southern New England winter flounder, northern windowpane flounder, and ocean pout. Limit witch flounder landings to 1,000 pounds per day-at-sea, or up to 5,000 pounds per trip. Read the complete NOAA press release. 

NOAA Chief Jane Lubchenco described the Interim Rule as her personal "No. 1 priority" adding, "We have made no decision yet."  She promised to put her personal stamp on the final draft.

"We are going to be moving relatively rapidly," Lubchenco said in a telephone interview with the Gloucester Times last evening after she held separate hour-long meetings with fishing interests and afterward environmental groups.

Two members of the New England Fishery Management Council, who met with Lubchenco yesterday, described her as open-minded and curious.

Fisherman Jim Odlin of Portland, Maine, described the meeting as a "learning session. The group that was there pointed out … the unintended consequences … a devastating effect on the economy."

"It was very impressive that she got into the process as early as this," said Rip Cunningham of Dover, editor and publisher of Salt Water Sportsman Magazine.

Vito Giacalone, a Gloucester fishing business owner, acknowledged expert on New England groundfishing, and critic of federal policies was one of six industry representatives who met privately with Lubchenco.

"I’m in the process of listening and fact-finding," she said. "I have a lot of input from NOAA fisheries. It’s important for me to listen to other voices out there"

Dr. Lubchenco is meeting with Senators and Members of Congress this afternoon regarding the Interim Rule Read the complete story in the Gloucester Daily Times: http://www.gloucestertimes.com/punews/local_story_082221430.html?keyword=topstory

Although the nomination has passed committee review, it remains important to express your views to elected officials, especially U.S. Senators.

Two weeks ago, the Washington Post reported that a Senator had put a hold on the confirmation of Jane Lubchenco for the post of NOAA Administrator, and John Holdren as White House Science Advisor.  Previously the Post had referred to these as "Easy Nominations".  Later in the week Congressional Quarterly reported that multiple Senators had placed holds.

Following that, some in scientific circles and many in the environmental community organized to express outrage, urging their colleagues to contact Senators to demand that the holds be lifted. On Tuesday of last week, Richard Gaines of the Gloucester Daily Times reported that the "so-called ‘closed-area model’ — proposed by NMFS’ regional administrator Patricia Kurkul last September despite a 15-1 vote against it by the advisory New England Fisheries Management Council with Kurkul as lone dissenter — is an approach that Oregon State University marine biologist Jane Lubchenco… has favored in her academic writings." Earlier, Mr. Gaines reported that "many in the industry hold concerns about her high-profile association with the Pew Charitable Trusts, which use a formidable budget to advance an aggressive environmental agenda that often targets alleged ‘overfishing.’"

Late last week the nomination cleared the committee. 

With this nomination in the spotlight, the time is right to express your views to elected officials, particularly members of the United States Senate. Links to newspaper articles regarding the concerns of eastern fisheries pertaining to the nomination, the Senate holds, and video of Dr. Lubchenco’s confirmation hearing are available at the SavingSeafood.org website. SavingSeaFood – NOAA Nominee Jane Lubchenco "On Hold" in Senate Please contact your elected officials to express your thoughts regarding Dr. Lubchenco’s nomination, confirmation hearing statements, and professional ties. Please forward this information to your colleagues, suppliers, and customers in other states, and ask them to contact their elected officials as well.

Nineteen Massachusetts state legislators accuse NMFS and NOAA enforcement of "overzealous and heavy-handed actions" and ask for an investigation. Nineteen Massachusetts state legislators — including the Speaker of the House and the President of the Senate — wrote to Senators Kennedy and Kerry and Congressmen Tierney, Delahunt, and Frank to express their "frustration and disappointment" with the Enforcement Division of NOAA and NMFS.

 

They accuse NMFS and NOAA enforcement of  "overzealous and heavy-handed actions" and ask for an investigation of enforcement practices by the U.S. Inspector general.

They state that although the industry has offered to work with NMFS, instead NMFS demeans and harasses the industry.  They observed that NMFS and NOAA enforcement have become greater threats to the industry than regulation or the state of the fishery.

They observed that statues, which allow NMFS and NOAA to retain collected fines, encourage this behavior, and that rules of administrative procedure allow "for prosecutorial presumptions that do not ensure a fair and impartial hearing."

They expressed concern about:

 – Overzealous and intimidating enforcement practices;

– Vindictive behavior;

– Coercion to forfeit trips before charges are issued;

– Fishermen urged not to seek legal counsel;

– Fishermen charged with obstruction of justice when they seek legal counsel;

– Fishermen informed that their cases would become more difficult if they seek legal counsel;

– High fines without the justification of clear intended infractions.

 

If you have experienced any of the behaviors cited by the legislators please contact us.

Please contact your elected officials to express your thoughts on the accusations and the request of these Massachusetts legislators.

Please forward this information to your colleagues, suppliers, and customers in other states, and ask them to contact their elected officials as well.

 Additional information, a copy of the letter, and a link to help you find contact information for all of your elected officials is available on the SavingSeafood.org website at https://www.savingseafood.org/state-capitals/lawmakers-urge-feds-look-at-nmfs-representatives-of-fishing-ports-question-enforcement-ac-4.html

 

NMFS ordered to file report after the New England Fishery Management Council’s April recommendations.

Noting that the National Marine Fisheries Service and the New England Fishery Management Council disagree as to the applicability of the Mixed-Stock Exception, Judge Edward Harrington has extended the suspension of Framework 42’s 2:1 Days at Sea counting provisions for 14 additional days until April 10th.

Judge Harrington stated that the Council plays an integral role in passing and amending fisheries regulations, and this extension will allow the NMFS to  to “seriously consider and analyze” the Mixed-Stock Exception.The judge observed that at the February meeting the Council passed a motion disagreeing with NMFS’ viewpoint “that the Mixed-Stock Exception cannot be applied” to Framework 42.  He also noted that the Council has not had an opportunity to review the NMFS’ Revised Report and ordered that on April 10, 2009, the NMFS shall file a report with the court after considering the Council’s April Meeting findings. 

For more on this story:https://www.savingseafood.org/management-regulation/double-counting-of-days-at-sea-suspended-another-two-2.html