March 21, 2012 – Today, Senator Brown gathered with fishermen from across the country and spoke at the United We Fish Rally II.
Fisherman sentenced in monitor assault
March 21, 2012 – A Gloucester fisherman has been sentenced to two months in prison after a federal jury convicted John Cusick of sexually harassing an at sea monitor during an off-shore fishing trip in 2010.
After his imprisonment, Cusick, 49, was ordered to be under supervision for one year.
U.S. Magistrate Judge Leo T. Sorokin imposed sentence last Friday. The U.S. Attorney's Office in Boston announced the resolution of the case on Monday.
Cusick was indicted in February 2011 by a federal grand jury for allegedly harassing and sexually assaulting the female at-sea monitor, and was facing six months in prison and fines of up to $10,000 on each of two counts.
Read the complete story from The Gloucester Times.
ASMFC 2012 Spring Meeting Preliminary Agenda and Public Comment Guidelines
Please find below and attached the preliminary agenda and public comment guidelines for the Atlantic States Marine Fisheries Commission's 2012 Spring Meeting in Alexandria, Virginia. The agenda and guidelines are also available at http://www.asmfc.org/spring2012Mtg.htm.
A block of rooms is being held at the Crowne Plaza Old Town Alexandria, 901 North Fairfax Street, Alexandria, VA 22314. Please call the Crowne Plaza Old Town Alexandria at (888) 233-9527 or (703) 683-6000 as soon as possible and specifically mention the Atlantic States Marine Fisheries Commission to obtain the group room rate of $179.00 plus tax single/dbl. Hotel reservations must be made before March 30, 2012. Room availability will not be guaranteed beyond this date. If you have any problems at all regarding accommodations please contact Cindy at (703) 842-0710 or crobertson@asmfc.org.
Monday, April 30, 2012
10:00 AM – Noon Atlantic Herring Section
1:15 – 3:15 PM American Lobster Management Board
3:30 – 5:00 PM Atlantic Striped Bass Management Board
Tuesday, May 1, 2012
8:30 – 10:00 AM Tautog Management Board
10:00 AM – 5:00 PM Law Enforcement Committee
10:15 – 11:45 AM American Eel Management Board
1:00 – 2:00 PM South Atlantic State/Federal Fisheries Management Board
2:15 – 4:45 PM Shad and River Herring Management Board
5:00 – 6:00 PM Executive Committee
6:30 – 8:00 PM Annual Awards of Excellence Reception
Wednesday, May 2, 2012
8:30 AM – Noon Atlantic Menhaden Management Board
1:15 – 3:15 PM Sturgeon Management Board
3:30 – 6:00 PM ISFMP Policy Board
Thursday, May 3, 2012
8:30 – 10:30 AM Spiny Dogfish and Coastal Sharks Management Board
10:45 – 11:45 AM Horseshoe Crab Management Board
11:45 AM – 12:15 PM ISFMP Policy Board (continued)
12:15 – 12:30 PM Business Session
1:00 – 3:00 PM Atlantic Coastal Cooperative Statistics Program Coordinating Council
Public Comment Guidelines
With the intent of developing policies in the Commission’s procedures for public participation that result in a fair opportunity for public input, the ISFMP Policy Board has approved the following guidelines for use at management board meetings:
For issues that are not on the agenda, management boards will continue to provide opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will use a speaker sign-up list in deciding how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak.
For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board.
For agenda action items that have already gone out for public comment, it is the Policy Board's intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances.
In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action).
1. Comments received 3 weeks prior to the start of a meeting week will be included on the briefing CD.
2. Comments received by 5:00 PM on the Tuesday immediately preceding the scheduled ASMFC Meeting (in this case, the Tuesday deadline will be April 24, 2012 will be distributed electronically to Commissioners/Board members prior to the meeting and a limited number of copies will be provided at the meeting.
3. Following the Tuesday, April 24, 2012 5:00 PM deadline, the commenter will be responsible for distributing the information to the management board prior to the board meeting or providing enough copies for the management board consideration at the meeting (a minimum of 50 copies).
The submitted comments must clearly indicate the commenter's expectation from the ASMFC staff regarding distribution. As with other public comment, it will be accepted via mail, fax, and email.
Official challenges Bay cleanup group’s lobbying role
March 15, 2012 – Since taking office, Gov. Bob McDonnell's administration has looked at the Chesapeake Bay cleanup program, as led by the federal government, with a critical and uncomfortable eye.
Officials have questioned the accuracy of computer models that drive many decisions. And they have criticized the timing of adding new requirements to cut pollution that could cost billions of dollars in the middle of an economic recession and budget crisis.
Now comes an unusually blunt letter from McDonnell's secretary of natural resources, Doug Domenech, that calls out the clubbiness of the cleanup program, which mostly involves like-minded environmentalists, scientists and government officials.
In his letter last month to the regional director of the U.S. Environmental Protection Agency, Domenech said the program's Citizens Advisory Committee took "inappropriate action" in "lobbying" for stricter catch limits on menhaden, an important fish species in the Bay.
"It is Virginia's opinion that the CAC does not, or at least should not, have the independent authority as a body to lobby other organizations," Domenech wrote to Shawn Garvin, the EPA's regional head.
Domenech also took aim at the Chesapeake Bay Foundation, a leading advocacy group. One of its top managers in Hampton Roads, who serves on the CAC, had urged fellow members to read foundation literature on menhaden before sending a letter in favor of new restrictions.
"At the very least," Domenech wrote, "it creates the appearance the CAC was being used by a separate organization to advance the position of that organization."
Read the full article at the Virginian-Pilot.
NOAA: Forcast for the 2012 Gulf and Atlantic Menhaden Purse-Seine Fisheries and Review of the 2011 Fishing Season
March 21, 2012 – The 2012 fishing year is the fortieth year for which quantitative forecasts of purse-seine landings of gulf and Atlantic menhaden have been made by the National Marine Fisheries Service. The forecasts are based on a multiple regression equation that relates landings and fishing effort over a series of years.
Our 2012 forecasts of landings are conditioned on estimates of expected fishing effort for the upcoming fishing year. Estimates of fishing effort are vessel-specific and are derived from 1) industry input, that is, the number of vessels that companies expect to be active during the upcoming fishing year, and 2) historical performance (catch and effort) of the vessels expected to participate in the fishery. In the Atlantic menhaden fishery, actual purse-seine landings have differed an average of 13% from those forecast for the thirty- nine year period, 1973-2011. Landings in the gulf menhaden fishery have differed from those forecast by an average of 15% for the same period. In this forecast report, we review the 2011 gulf and Atlantic menhaden fishing seasons in terms of:
• landings and fleet size,
• age composition of the catch,
• status of the 2011 forecasts, and we forecast landings for the 2012 gulf and Atlantic menhaden fishing seasons.
Read the 2012 menhaden fishing season forcast here.
MAINE: Scallop Debates Continue As Advisory Council Meets
BANGOR — March 19, 2012 – The debate at a meeting of the Department of Marine Resources Scallop Advisory Council meeting earlier this month was extensive, wide-ranging and made one thing clear. There are still plenty of unresolved issues facing the state’s scallop fishermen.
With this year’s season still officially open yet with landings sharply reduced, debate turned to when next year’s season should open and for how many days. The current season opened last Dec. 17 and runs through March 31 with two days closed each week.
After considerable discussion, the council voted to recommend a 43-day fishing season for the coming year, opening on Dec. 15 and ending Feb. 28. Two different suggestions for split seasons, with fishing allowed for just a few days in several areas now closed for conservation reasons, were rejected.
Read the complete story from Fence Viewer.
The Maine Lobstermen’s Association plans to reorganize as a non-profit in order to further its mission
March 20, 2012 – Following the completion of a strategic plan in 2009, the Maine Lobstermen’s Association began to reorganize into a non-profit corporation to achieve its mission. The MLA’s mission is to preserve Maine's lobstering heritage through programs that support a sustainable lobster resource and the fishermen and communities that depend on it.
In May 2010, the Maine Lobstermen’s Association (MLA) requested termination of a consent decree entered into in 1958 with the Department of Justice (DOJ), resulting from a 1957 DOJ suit against MLA for alleged price fixing. The request was made as part of MLA’s reorganization directed by the MLA Board of Directors in order to ensure MLA is strategically positioned to fulfill its mission.
In its request to the DOJ, MLA explained that the industry has changed substantially in the more than five decades since the Consent Decree was entered. During that time, environmental, economic and fisheries management regulations have fundamentally altered the industry, and MLA’s role, as noted above, has evolved to address these changes.
MLA believes that the terms of the Consent Decree serve no public interest purpose today. Moreover, they impose on MLA needless limitations on its corporate activities that are unrelated to the antitrust concerns addressed by the Consent Decree. For example, unless the MLA remains organized in its current structure as a cooperative, the Consent Decree may prevent it from involvement in many fishery management activities that affect the health of the lobster resource, the safety and efficiency of harvesting practices and the imposition of measures to protect endangered marine species. The MLA plans to reorganize as a non-profit corporation in order to further its education, stewardship, economic development, charitable and management related activities.
MLA also noted in its request to the DOJ that the organization does not play any direct role in the purchase or sale of lobsters, and thus is not involved in any of the practices that gave rise to the 1958 DOJ enforcement action. Finally, MLA observed that after the Consent Decree is terminated, it would remain subject to all applicable antitrust laws. In light of these points, MLA requested termination of the Consent Decree as soon as practicable.
In March 2011, in accordance with DOJ procedures for consideration of a request to terminate a Consent Decree, the MLA published the following notice of its intent to seek termination of this Consent Decree in the MLA Newsletter and the Portland Press Herald inviting interested parties to provide the Department of Justice their comments or any relevant information they wish to provide.
NOTICE OF INTENTION TO TERMINATE MAINE LOBSTERMEN'S ASSOCIATION FINAL JUDGMENT
PLEASE TAKE NOTICE that the Maine Lobstermen's Association, Inc. ("MLA"), as successor in interest to one of the original defendants in the Final Judgment entered in United States v. Maine Lobstermen's Association and Leslie Dyer, Antitrust & Trade Reg. Rep. (BNA) ¶ 69,114; at 74,373 (Aug. 5, 1958), (the "Final Judgment"), intends to petition the United States District Court for the District of Maine to enter an Order terminating the Final Judgment.
On October 15, 1957, the United Stated filed a complaint alleging that the Maine Lobsterman's Association and its then-president Leslie Dyer combined and conspired with each other and with others, to fix and establish a minimum selling price for live Maine lobsters sold to lobster dealers, to refrain from catching lobsters until such minimum price was obtained, and to induce and compel all Maine lobstermen to adhere to the terms of the conspiracy charged, all in violation of the Section 1 of the Sherman Act. After an indictment was returned but before a trial on the merits, the United States District Court for the District of Maine entered the Final Judgment which permanently enjoined the Maine Lobstermen's Association or any of its members from entering into or adhering to any agreement or understanding to fix or maintain the price for sale of live Maine lobsters, or to reduce, curtail or limit the catch of live Maine lobsters. If the Final Judgment is terminated, the MLA would not be precluded from participating in ongoing fisheries management measures and educational outreach aimed at sustaining the Maine lobster fishery. The MLA still would be subject to all applicable antitrust laws.
Before determining whether it should join a motion to terminate the Final Judgment, the Antitrust Division of the U.S. Department of Justice invites interested persons to provide the Division with any information or comments relevant to the proposed termination. Interested persons may submit information or comments to William Stallings, Acting Chief, Transportation, Energy & Agriculture Section, Antitrust Division, U.S. Department of Justice, Suite 8000,450 Fifth Street, NW, Washington, DC 20530.
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Bipartisan Help for New Hampshire’s Struggling Fishing Industry
Washington, DC – March 19, 2012 – Representative Frank Guinta (R, NH-01) is joining with Massachusetts Democratic Rep. Barney Frank to introduce legislation that supports the long-term future of New Hampshire’s fishing industry.
H.R. 4208, The Fisheries Investment and Regulatory Relief Act, was introduced in the House of Representatives on Monday evening. Rep. Frank is the lead Democratic sponsor; Rep. Guinta is the lead Republican sponsor. Bipartisan companion legislation was introduced in the Senate last week. It is sponsored by Senators Kerry, Scott Brown, Snowe, Rockefeller and Whitehouse. It would remedy a growing problem that has been siphoning important funding from efforts to support New England’s struggling fishing industry.
The Saltonstall-Kennedy Act of 1954 imposed a special duty on fish and fish products imported into the U.S. The law requires 30 percent of that money be spent supporting fisheries, research and development projects and other efforts to give long-term stability to New England’s fishing industry. However, a disturbing trend has developed in recent years; those funds have been diverted into the operating budget of the National Oceanic and Atmospheric Administration (NOAA). The problem has grown so bad, that of the $113 million of duties collected for this purpose in 2010, more than $104 million was redirected to NOAA’s operating fund. That left only $8 million allocated for the intended purpose.
“That’s hurting the very people the original law was designed to help,” Rep. Guinta said. “Instead of funding fisheries and other research and development projects to protect this historic industry, it was spent propping up NOAA’s bureaucratic administrative costs. That’s wrong, and it must stop. Our fishing industry is struggling, and the Fisheries Investment and Regulatory Relief Act can do a lot to protect fishing jobs.”
The Fisheries Investment and Regulatory Relief Act would require the full 30 percent of duties collected under the Saltonstall-Kennedy Act go to fisheries and research and development projects as required by existing law.
“This bill shows Democrats and Republicans are capable of working together for the common good,” Guinta said. “Our fishermen have never faced more challenges than they do today with government over-regulation, skyrocketing fuel and insurance costs, and competition from illegal, unreported and unregulated fishing. By setting aside partisan differences and working together, Members in both the House and Senate are showing we care about the needs of our beleaguered fishing industry.”
The bill has been referred to the House Committee on Natural Resources for consideration. Guinta says he will continue working with his colleagues from both sides of the aisle to secure passage for this important piece of legislation.
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Cape fishermen rail against herring trawlers
FAIRHAVEN — March 20, 2012 – Dozens of fishermen from Cape Cod and the Islands came to the Seaport Inn Monday night for a public hearing on proposed changes to the way the herring fishery is regulated.
Amendment 5, as the proposal is known, has been under development for a long time, according to Lori Steele, who chairs the planning development team on herring for the council.
An 85-page public hearing document, available at the hearing, represented merely a summary of the plan, which in essence addresses four key areas of concern: improving management and administration; monitoring the total catch by providing 100 percent observer coverage; addressing river herring by-catch; and introducing restrictions on allowing herring boats into areas that are closed to groundfishing.
Read the complete story from The Standard-Times.
Canadian firm’s system helps record fisheries in pirate-occupied waters
March 20, 2012 – High-tech "electronic eyes" designed by a Victoria company are being installed today for testing on a tuna boat moored in the Seychelles but heading out shortly to the pirateplagued Indian Ocean.
The video-based electronic monitoring system, designed by Archipelago Marine Research, of Head Street, has been used for seven years to monitor fisheries on B.C.'s groundfish fleet. Now it's starting to make waves internationally with tests in areas too dangerous for human observers.
"The interest that we have in our equipment is very broad. It is across a wide range of fisheries," Howard McElderry, vicepresident of electronic monitoring for Archipelago, said Monday.
Read the complete story from Times Colonist.