Senators John Kerry and Scott Brown, and Congressmen Barney Frank and John Tierney write to NOAA Assistant Administrator urging him to take immediate and decisive action in the northeaster Skate-Wing fishery.
Read the letter to Eric Schwaab.
New England Fishing Industry Bridles Under Federal Regulations: Regulatory scuffles bring rare bipartisan alliance
Over the past decade, the fisheries around New England have steadily rebounded from a state of near collapse in the early 1990s. According to the Fish Stock Sustainability Index, maintained by NOAA, the fisheries have improved their sustainability by some 60 percent since 2000. Fishermen say that stocks are in better shape now than they have been in years and dispute the science behind the current limits established in the catch shares system. Scientists, for their part, argue that the fisheries are still far from the levels they need to guarantee long-term sustainability.
But the regulations (and particularly their enforcement) that have helped lead to that rebound in stock levels have carried a huge cost, fishermen say. In particular, New Englanders have long groused that they were singled out for uniquely harsh treatment from NOAA and its enforcement agents. This summer, a Commerce Department inspector general's report confirmed their worst fears.
For the past decade, the investigation concluded, not only had New England fishermen been singled out for exceptionally harsh monetary fines, sometimes five- and six-figure penalties for minor infractions, fisheries law enforcement officers had then misspent the money collected, purchasing a $300,000 luxury "undercover" vessel, for example. Moreover, the former head of the enforcement division allegedly ordered the improper shredding of dozens of files, the inspector general found. "The Obama administration inherited a terrible situation with regard to management and enforcement in New England, and they are taking responsibility and moving to correct it," says Rep. Barney Frank, whose district includes New Bedford. "You can't police the oceans without the cooperation of those who are out there fishing in it."
The Commerce Department report, combined with the ongoing regulatory scuffles, prompted the creation of a rare bipartisan alliance that pushed the White House and NOAA to clean up their act. Indeed, there are few other issues these days that can bring together Republican Sens. Olympia Snowe, Susan Collins, and Scott Brown with Democrats like Sen. John Kerry, Sen. Charles Schumer, and Frank.
Late last month, as a result of the protests and the ongoing legislative pressure, Commerce Secretary Gary Locke, in a rare personal dialogue with a group of New England fishermen, promised in a closed-door meeting to end abusive enforcement and help the industry find ways to become more profitable. Legislators have separately pushed for millions of dollars in emergency federal grants to help fishermen who have to leave the industry. Locke said the Commerce Department will also give more input to fishermen when it comes to catch-limit decisions.
Read the complete story from US News and World Report
Frank, Kerry: Commerce secretary to loosen fish limits if justified by new data
U.S. Commerce Secretary Gary Locke today gave the Northeast fishing industry almost everything it asked for in its year-long battle with NOAA and its director, Dr. Jane Lubchenco.
U.S. Rep. Barney Frank convened a press conference at the Whaling Museum that was also attended by U.S. Sen. John Kerry, Mayor Scott Lang, and Gloucester Mayor Carolyn Kirk. Gov. Deval Patrick became stuck in traffic and couldn’t make the event, said an aide.
The event was almost as big a meeting as the one 10 months ago in which local fishermen confronted regulators about the impending catch shares and catch limits that came in the spring.
This time the mood was festive as the news of Locke’s letter to Frank was unfurled by the congressman to the upbeat crowd.
Speaking of all the help he and the rest of Congress have funneled toward supporting farmers, Kerry said, “this is no different. Fishermen are the farmers of the ocean, and they deserve that assistance on a national basis.” His words raised loud applause from the room.
Gloucester Mayor Kirk evoked the meeting 10 months ago in which fishermen and their advocates dsemanded to be treated with respect by federal regulators. “Now they’re beginning to get the respect they deserve,” she said.
After balking for weeks, Locke agreed with the legislative delegation that he does have the authority under the Magnuson-Stevens Act to make emergency revisions to regulations if they are justified and can be supported by the science.
That means that any possible increases in catch limits for such things as yellowtail flounder will have to wait for the available science to be gathered from all sources — not just NOAA this time — and then be used to calculate changes. Frank said that since a court challenge is almost certain, “We want to make sure we’re going to win.”
Gov. Patrick, who wrote Locke two weeks ago with four urgent requests including this one, said in a conference call that he thinks the process could be accomplished in a matter of weeks, not months.
Locke also threw his support behind legislation filed by Frank and by U.S. Sen. Olympia Snowe, R-Maine, that would relax the governance of catch along the border with Canadian waters. No longer would the U.S. Canada Trans-boundary Resources Understanding be overruled by Magnuson, but be governed on its own as any treaty.
Since the change will likely permit more fishing for yellowtail, it will thus open up the availability of more cod and scallops in that area, said Frank, not to mention making a point about the abundance of fish.
Read the full story in the Standard-Times
Northeast Seafood Coalition on Secretary Locke’s Actions
Statement from Jackie Odell, Executive Director, Northeast Seafood Coalition
For almost a year, the Northeast Seafood Coalition has been pursuing a resolution for the low annual catch limits prescribed for key groundfish stocks. NSC has continuously conveyed our grave concerns to members of Congress that the limits prescribed for a number of stocks were set far below the overfishing limits, thus threatening the effective functioning of sectors and the economic sustainability of our fishery and communities. We look forward to the Secretary of Commerce utilizing his statutory authority as soon as possible to relieve the unnecessary constraints placed upon the fishery.
The Northeast Seafood Coalition is pleased to see that the Department of Commerce and NOAA are in support of legislation that is essential to bi-lateral management of shared resources on Georges Bank. NSC strongly supports this legislation be enacted at the next available opportunity.
The Northeast Seafood Coalition greatly appreciates the support and leadership of our political representatives (Senator Kerry, Senator Snowe, Senator Brown, Congressman Frank, Congressman Tierney, Governor Patrick, Mayor Lang, Mayor Kirk, State Senator Tarr and Representative Ferrante) on critical issues that face the groundfish fishery and coastal communities across New England.
EDF comments on Commerce Secretary Locke’s Actions Regarding New England Fisheries Management
Statement of Julie Wormser, New England and Mid-Atlantic Regional Director for Environmental Defense Fund’s Oceans Program on Commerce Secretary Locke’s Actions Regarding New England Fisheries Management
Boston, MA (October 14, 2010) – EDF applauds the actions of Secretary Locke today in reconfirming the Obama Administration’s commitment to science-based management of fisheries and to the conservation provisions of the Magnuson Act as outlined in his October 14, 2010 letter to Congressman Barney Frank.
Secretary Locke also advanced the prospects for improved collaboration between NOAA and the fishing industry through cooperative research, fishermen-driven data collection, and improved stock assessments as well as by holding a fisheries science summit in January of 2011 and a request to Congress for an additional $15 million nationally in funds to support these endeavors.
We also appreciate Governor Patrick's commitment to the restoration of New England’s iconic groundfish fishery as well as to a fishing industry that will not survive without healthy, sustainable fish stocks. We look forward to working with him and Secretary Locke, Administrator Lubchenco, the New England Congressional Delegation and the fishing industry to develop a better understanding of our fragile fish resource and identify the best ways to rebuild and maintain our fisheries for generations to come.
Snowe Hails Secretary Locke’s Support for New England Fisheries
WASHINGTON, D.C. – U.S. Senator Olympia J. Snowe (R-Maine), the Ranking Member of the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, today hailed the announcement of several key decisions by Commerce Secretary Gary Locke to benefit New England’s embattled groundfishery. In a letter to members of New England’s Congressional delegation released today, Secretary Locke agreed with the position long espoused by Senator Snowe and other members of the delegation that the Magnuson-Stevens Fishery Conservation and Management Act gives him the authority to take economic factors into account when determining whether to take emergency action and raise catch limits on fish stocks. The letter also included an endorsement of the International Fisheries Agreement Clarification Act (S. 2856)—a bill which Senator Snowe introduced that would allow higher catch limits for certain fish populations the U.S. manages jointly with Canada—and it contained an announcement of the dedication of an additional $15 million this year to fisheries stock assessments and cooperative research programs.
“Today’s announcement by the Secretary is a welcome endorsement of priorities I have long identified as integral to the future success of the groundfishery. The Secretary’s ability to increase catch limits in the event of an emergency is clearly delineated in the law, and while it is unfortunate this recognition has taken so long to achieve, today’s action still provides the Administration sufficient time to make changes that can reap significant benefits for the fishery this year without compromising the long-term sustainability of our groundfish stocks,” said Senator Snowe. “Furthermore, I am heartened by Secretary Locke’s recognition of the need to acknowledge the international nature of this fishery by endorsing my legislation, the International Fisheries Agreement Clarification Act. This bill would give our managers the tools they have lacked to negotiate rational, science-based catch limits with Canada and ensure a healthy future for this fishery on both sides of the international boundary line.”
Earlier this year, Snowe led letters to the Senate Appropriations Committee requesting an additional investment in fisheries stock assessments and cooperative research funding. These calls were heeded in part by Secretary Locke’s announcement of an additional $15 million for those purposes.
“Until we have better science providing a foundation from which we can build fisheries management plans and establish accurate, defensible catch limits all stakeholders can trust, industry members and regulators will never see eye-to-eye on policy decisions,” added Senator Snowe. “This investment in additional stock assessments will provide fishermen and managers alike with a greater degree of confidence. Meanwhile, funding for cooperative research will not only help rebuild relationships, but also boost our economy and provide jobs for fishermen who would otherwise be unable to work.”
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Statement of Governor Deval Patrick in Response to Secretary Locke’s Letter on Emergency Fishing Limits Action
NEW BEDFORD – Thursday, October 14, 2010 – Today, Secretary of Commerce Gary Locke announced that he is prepared to issue an emergency regulation to revise catch limits when there is sufficient economic and scientific data available to support it. In addition, he indicated support for legislation that would address United States-Canada transboundary stock assessments, which would impact regulation of Georges Bank yellowtail flounder, a groundfish species of significance to theMassachusetts groundfishing fleet.
In an effort to continue the progress on stock assessments, Secretary Locke said NOAA will host a national fishery science workshop in January 2011 to consider priorities and strategies needed to support full implementation of the Magnuson-Stevens Act requirements. Finally, the Secretary announced that the Obama Administration, in its commitment to improving strong stock assessment and cooperative research capabilities, will be sending a transfer request to Congress requesting reallocation of $15 million of prior year funds for stock assessments and cooperative research projects nationwide.
In a series of letters, phone calls, and meetings with Secretary Locke and White House officials since May, Governor Deval Patrick has called for the Department of Commerce and its agencies, National Oceanic and Atmospheric Administration (NOAA) and National Marine Fisheries Service (NMFS), to address a growing crisis in the Massachusetts groundfishing industry. The Massachusetts groundfishing fleet is struggling with severe catch limits set by federal regulators at the same time it has to adjust to a new regulatory system of “catch shares,” which is replacing the failed “Days At Sea” system.
Specifically, Governor Patrick has called for a new, collaborative approach to research on fish stocks, to restore fishing industry confidence in the science governing fisheries regulation, as well as action to raise catch limits within ranges scientifically established to prevent overfishing and encourage long-term recovery of fish stocks. In a meeting in Boston hosted by Governor Patrick and U.S. Representative Barney Frank on September 27, Secretary Locke heard directly from Massachusettsfishermen about the impact that unduly low catch limits are having on their livelihoods. And in a follow-up letter dated October 1, Governor Patrick reiterated his earlier requests, and called for Secretary Locke to act by October 15 to acknowledge his authority to take emergency action and move toward providing relief for the groundfishing industry.
In response to Secretary Locke’s letter received today (attached), Governor Patrick made the following statement:
“Today’s announcement from Secretary Locke opens the door to relief for our fishing communities. Catch limits set unnecessarily low are making the transition to catch shares extraordinarily difficult and putting the viability of many members of our fishing fleet at risk. In recognizing his authority to take emergency action, the Secretary has laid a path toward greater flexibility for struggling fishing communities. My agencies are already hard at work with economists, fisheries scientists and legal experts to develop the economic and scientific analysis needed to support emergency action on catch limits.
“Conservation and a vibrant fishing economy must go hand in hand. I look forward to working with Secretary Locke, along with the local officials and members of theMassachusetts Congressional delegation who fight so hard for our fishing communities, on adjusting catch limits to the highest levels that good stewardship will allow.”
Read this story from the Official Website of the Governor of Massachusetts.
Fisheries Survival Fund applauds Administration support of Snowe-Frank bill
The Fisheries Survival Fund issued the following statement applauding the Obama Administrations's commitment to work with Congress to pass the International Fisheries Agreement Clarification Act. "The Fisheries Survival Fund, which represents the bulk of the full-time limited access Atlatic scallop fleet, is very pleased to learn of the Obama Administration's support for the critical International Fisheries Agreement Clarification Act and its recognition of the flexibility It has under the law to adjust conservation measures in light of economic adversity. Both steps are essential to ensuring the continued viability of our fishing industry in New England. The FSF would like to thank the chief sponsors of this bill, Senator Olympia Snowe (R-Maine) and Chairman Barney Frank (D-Mass.). Both are tireless advocates for the working men and women in the fishing industry and their continued support is greatly appreciated."
Obama Administration: prepared to issue emergecy regs, support Snowe-Frank bill, will host “science workshop”, add’l $15m for stock assessments
NEW BEDFORD, Mass. – Oct. 14, 2010 (Saving Seafood) – At a press conference today at the New Bedford Whaling Museum, Massachusetts Governor Deval Patrick, Senator John Kerry, New Bedford Mayor Scott Lang and Gloucester Mayor Carolyn Kirk joined Congressman Barney Frank to announce several actions to be taken by Commerce Secretary Gary Locke in response to inquiries made by a number of Members of Congress and the Sentate led by Congressman Frank.
In a letter sent today to Congressman Frank, Secretary Locke made the following points.
Secretary has the authority to issue emergency regulations due to economic factors
"Section 305(c)(1) of the Act grants the Secretary of Commerce the authority to “issue an emergency regulation or take interim measures to address an emergency or overfishing… " Under the NOAA policy applying this authority, I may take economic factors into account in determining whether to promulgate an emergency rule so long as those factors are based on “recent, unforeseen events or recently discovered circumstances.” In addition, pursuant to the Act, any exercise of the authority must be based on the best scientific evidence available that indicates doing so will not undermine the conservation mandates of the Act and any action must give priority to conservation measures. See NRDC v. Daley, 209 F.3d 747 (D.C. Cir. 2000).
Secretary Locke "is prepared" to issue emergecy regs to revise catch limits based on economic and scientific data
"I am prepared to issue an emergency regulation to revise catch limits whenever there is both sufficient economic and sound scientific data available to meet these requirements. You have graciously offered to provide scientific and economic information that could support the exercise of the emergency rule authority in response to the current situation in New England. Dr. Lubchenco and I look forward to receiving this information and continuing to work with the New England delegation to address this difficult problem"
Administration will work with Congress to pass Snowe-Frank bill on Canadian and United States transboundary stock management
"[W]e appreciate Senator Snowe’s and your efforts to address Canadian and United States transboundary stock management. The Department of Commerce recognizes, appreciates, and supports the intent of the proposed International Fisheries Agreement Clarification Act to treat the U.S./Canada Transboundary Resources Understanding (Understanding) in a similar fashion to international agreements under the Act for fishery management purposes. We would welcome the opportunity to work with Congress to pass appropriate legislation this year.
NOAA will host a Fishery Science Workshop in January to involve fishermen in data collection
"[W]e share the view there is a need to increase the precision of stock assessments and for greater involvement of fishermen in collection of scientific information alongside National Marine Fisheries Service researchers through cooperative research projects. To continue the progress on stock assessments, NOAA will host a national fishery science workshop in January 2011 to consider priorities and strategies needed to support full implementation of the Act requirements. The national workshop will include regional sessions to consider stock assessment issues unique to individual Fishery Management Councils. It will be organized with the assistance of the Councils and involve a cross-section of national scientific experts and regional stakeholders"
$15 million for more stock assessments and cooperative research
"[T]he Obama Administration is committed to improving strong stock assessment and cooperative research capabilities. We will be sending a transfer request to Congress requesting reallocation of $15 million of prior year funds (that are no longer needed to complete the Decennial Census) for stock assessments and cooperative research projects nationwide.
The Secretary concluded noting that today's actions "combined with our increase in catch limits for pollock, funding for cooperative research and stock assessments, appointment of a Special Master to review enforcement cases, and increased transparency in the use of the Asset Forfeiture Fund illustrate our commitment to fishermen and coastal communities."
Secretary Locke concluded the letter by noting that as Governor of Washington state, he " saw firsthand the impact of decisions made in Washington, DC, on fishing communities. As Secretary of Commerce, I am committed to doing everything I can to support sustainable fisheries now and into the future."
Read the letter from Secretary Locke to Congressman Frank
Amendment 16 lawsuit plaintiffs ask to depose Dr. Lubchenco, Ms. Medina, Ms. Kurkul, Mr. Pappalardo and Ms. McGee
The plaintiffs in the lawsuit filed by New Bedford, Gloucester and fishing industry members against NOAA with regard to implementation of Amendment 16 have filed a motion for discovery in which they ask for the opportunity to depose Dr. Lubchenco, her advisor Monica Medina, Northeast regional director Patricia Kurkul, NEFMC chair John Pappalardo and NEFMC member Sally McGee. In addition, they have asked that numerous additional documents be added to the record.
In the case of the City of New Bedford, et al. and Lovgren, et al. v.The Honorable Gary W. Locke, Secretary of Commerce, and Jane Lubchenco, Administrator of the National Oceanographic and Atmospheric Administration, the plaintiffs have filed a Motion for Discovery and Completion or Supplementation of the record and asked the court to allow the depositions of the following individuals:
(1) Jane Lubchenco, National Oceanic and Atmospheric Administration (“NOAA”) Administrator,
(2) Monica Medina, Special Advisor to the NOAA Administrator,
(3) Patricia Kurkul, Regional Administrator for the Northeast Regional Office of the NOAA Fisheries Office (“NMFS”),
(4) John Pappalardo, Chair of the New England Fisheries Management Council (“NEFMC”), and
(5) Sally McGee, member of the NEFMC.
In addition, the Plaintiffs seek to supplement or complete the Administrative Record by including the following documents:
(1) September 2010 Office of the Inspector General (“OIG”) Report, referencing NOAA’s use of a “flawed database,”
(2) Amendment 13, including landings and economic projections,
(3) December 2009 John Pappalardo letter regarding limitations on NEFMC process,
(4) September 28, 2010 Management Review Announcements,
(5) Agency documents regarding changes in Pollack allocation, including Federal Register listings and ACE Modifications,
(6) Common Pool Adjustments, including Federal Register listings and underlying Agency documents,
(7) All Amendment 16 post-implementation Agency documents regarding sector matters, including by-catch, observer, and dockside monitoring issues,
(8) February 2009 Presentation by Pomeroy and Pollnack to NEFMC regarding review of catch share policy,
(9) August 5, 2009 NOAA Report by Julie Olsen regarding literature review of fleet consolidation issues, incorporated into Amendment 15,
(10) September 20, 2010 Presentation by Jane Lubchenco at CIEM 2010 conference in Nantes, France, comparing catch shares to ITQ’s, including Power Point slides, notes and transcripts,
(11) NOAA Draft Catch Share Policy and public comments,
(12) July 23, 2009 Briefing by Monica Medina to NGO,
(13) All documents listed in Administrative Record withheld due to purported attorney client privilege,
(14) Any and all social economic analyses of the Amendment 16 plan and/or statements and opinions that said analyses were not required or necessary,
(15) Internal emails regarding drafting, review and implementation of Amendment 16,
(16) Internal draft decisional documents regarding Amendment 16 not already produced in the Administrative Record,
(17) NOAA Fisheries Guidance document pertaining to the compilation of administrative records, and
(18) Any and all documents regarding assessment of the NMFS dealer and VTR database and the database’s adequacy or inadequacy for determining individual vessel allocations.
In addition, the City of New Bedford has asked that the following documents be added to the record:
I. Zinser, Todd, “Review of NOAA Fisheries Enforcement Programs and Operations," January 21, 2010,
II. Transcript of Jane Lubchenco’s opening remarks made at the April 8, 2009 meeting of the NEFMC,
III. NOAA Press Release dated June 22, 2009, “NOAA Announces Catch Share Task Force Members,”
IV. Cape Cod Commercial Hook Fishermen’s Association Press Release, “National Marine Fisheries Service Announces Changes to Commercial Harvesting Levels for Atlantic Pollock,” dated June 16, 2010,
V. All files containing audio and/or video recordings of (a) NEFMC meetings and related workshops, presentations and conferences regarding catch shares, sectors, and Amendment 16, and (b) all presentations, workshops, and conferences regarding catch shares, sectors and Amendment 16 held, sponsored, or participated in by NOAA/NMFS staff, including but not limited to any such materials cited or linked by internet reference in the Administrative Record filed September 1, 2010.
See exhibit two, the NOAA Management Review Anncouncement.
See exhibit three, the powerpoint presentation about the goals and concerns of fishery stakeholders.
See exhibit four, the report of Dr. Julia Olson.