NOAA Chief Dr. Jane Lubchenco has responded to the letters sent by New Bedford Mayor Scott Lang urging a delay in implementation of Sector Management.
Read the reply from Dr. Lubchenco [PDF]
Read the original letters from Mayor Scott Lang
Northeast Senators and Congressmen ask Administration for Emergency Action
The U.S. Senators of Massachusetts, Maine, New Hampshire, Rhode Island, and New York — together with 13 coastal Congressmen of the Northeast — have written to the Secretary of Commerce asking that he implement emergency regulations and increase the 2010 annual catch limits for the nineteen fish stocks in the northeast multispecies fishery.
The letter was sent directly to the White House and the Secretary [view PDF of letter].
The letter asks the Secretary to "exercise the authority granted to your office under section 305(c)(1) of the MSA and promulgate an emergency regulation increasing the ACLs of groundfish—especially the five choke stocks—sufficiently to minimize the risk of the failure of the sector management system while still preventing overfishing from occurring. We further request that you seek ways to reduce the scientific uncertainty that has led directly to the reductions for 2010. As NOAA has stated many times, the increased monitoring that already will be required as part of the sector management system will greatly enhance the agency’s stock assessment capabilities, and bring desperately needed clarification to the scientific picture of the groundfishery. Taking these steps to ensure sector management has a better chance to succeed will pay dividends to future fishery management efforts, provide a sense of security to our coastal economies, and improve the relationship between the agency and the community."
STATEMENT OF SENATOR KERRY
“This is as tough a time economically as we’ve ever seen for working people and it’s been especially brutal for our fishermen,” said Senator John Kerry (D-Mass.). “We need immediate action to ease the burden of the new federal fishing regulations on our fishermen and their families. I look forward to meeting with Secretary Locke and NOAA Administrator Lubchenco to find appropriate ways to increase fishing limits and maintain progress toward a sustainable fishery. I will also continue to work for federal funding to improve stock assessments, to help our fishermen with the new regulations and to implement a voluntary permit buyback for those who are interested.”
STATEMENT OF CONGRESSMAN FRANK
“Moving to catch shares is a controversial step that will cause some turmoil in the fishing industry under the best circumstances. Increasing the catch limits would reduce this turmoil,” said Congressman Frank(D-Mass.) . “I do not understand what argument there is for not taking this step, and I urge those who are seeking acceptance of the catch share decision to recognize that it is in their interest to see that it is implemented with as little harm to fisherman as is possible.”
According to the Members of Congress and the Senate, the following section of the Magnuson Act grants the secretary the authority to take the actions requested:
TITLE III — NATIONAL FISHERY MANAGEMENT PROGRAM
SEC. 305. OTHER REQUIREMENTS AND AUTHORITY 16 U.S.C. 1855
97-453, 101-627, 104-297
(c) EMERGENCY ACTIONS AND INTERIM MEASURES.—
(1) If the Secretary finds that an emergency or overfishing exists or that interim measures are needed to reduce overfishing for any fishery, he may promulgate emergency [4] regulations or interim measures necessary to address the emergency or overfishing, without regard to whether a fishery management plan exists for such fishery.
(2) If a Council finds that an emergency or overfishing exists or that interim measures are needed to reduce overfishing for any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery–
(A) the Secretary shall promulgate emergency4 regulations or interim measures under paragraph (1) to address the emergency or overfishing if the Council, by unanimous vote of the members who are voting members, requests the taking of such actions; and
(B) the Secretary may promulgate emergency4 regulations or interim measures under paragraph (1) to address the emergency or overfishing if the Council, by less than a unanimous vote, requests the taking of such action.
(3) Any emergency regulation or interim measure which changes any existing fishery management plan or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation or interim measure promulgated under this subsection–
(A) shall be published in the Federal Register together with the reasons therefor;
(B) shall, except as provided in subparagraph (C), remain in effect for not more than 180 days after the date of publication, and may be extended by publication in the Federal Register for one additional period of not more than 180 days, provided the public has had an opportunity to comment on the emergency regulation or interim measure, and, in the case of a Council recommendation for emergency regulations or interim measures, the Council is actively preparing a fishery management plan, plan amendment, or proposed regulations to address the emergency or overfishing on a permanent basis;
(C) that responds to a public health emergency or an oil spill may remain in effect until the circumstances that created the emergency no longer exist, Provided, That the public has an opportunity to comment after the regulation is published, and, in the case of a public health emergency, the Secretary of Health and Human Services concurs with the Secretary's action; and
(D) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations or interim measures [5] promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned.
101-627
4 Congressmen request update on Jones’ employment staff
Reps. Tierney, Frank, Kucinich, Jones all wrote a letter to Jane Lubchenco, asking for a status update on Dale Jones’ status within NOAA.
Feds delay Gloucester fishery enforcement forum
Federal fisheries regulators have postponed a forum on enforcement policy next week in Gloucester after criticism from the city’s mayor and others.
The National Oceanic and Atmospheric Administration announced today it is delaying the April 26 meeting. The announcement said officials will work out a new date and revised format with Mayor Carolyn Kirk. A new meeting date is expected within 60 to 90 days.
The Gloucester Daily Times reports that Kirk objected to roles planned in the forum for two regional enforcement officials seen as unfair to the local fishing industry. Kirk did not immediately return a message for comment Wednesday.
Read the complete story at The Boston Herald.
NOAA cancels planned law enforcement forum
Facing a potential fishermen's boycott organized by Mayor Carolyn Kirk, the National Oceanic and Atmospheric Administration today canceled a law enforcement forum scheduled for next Monday that was to have featured the same Gloucester-based federal police agent and attorney whose tactics against the industry sparked protest and a federal investigation that toppled NOAA's national police chief.
NOAA issued an e-mail in mid-afternoon indicating that the event, part of a broad effort to win over the alienated fishing industry, had been canceled "after consultation" with the mayor.
Last Friday, on learning of the plans, Kirk suggested the community might "boycott" the event unless Andrew Cohen, the agent in charge of the northeast region, and Charles Juliand, head of the regional office of general counsel, were deleted from the program.
Raed the complete story at The Gloucester Daily Times.
NOAA Gloucester Forum Postponed
After consulting with Gloucester, Mass., Mayor Carolyn Kirk, NOAA is postponing its Fisheries Enforcement Forum, originally scheduled for April 26, to a date and format to be worked out with her. We expect that the forum will take place in the next 60 to 90 days. This postponement does not affect NOAA's Enforcement Summit, scheduled for the Washington, D.C., area on June 22.
The Fisheries Enforcement Forum is the first in a series of efforts to work on effective means of communication with the fishing industry outside an enforcement context. In addition to explanations of the agents’ and attorneys’ distinct roles in the fishery enforcement process – roles that often are confused – topics will include identifying communication mechanisms for effectively discussing enforcement practices and administrative procedures, and whether NOAA should hold forums in other coastal cities.
This forum is different from NOAA’s significant outreach effort on Amendment 16 to the Northeast Multispecies Fisheries Management Plan. The plan, which goes into effect May 1, enables the development and implementation of groundfish fishing sectors in the Northeast.
AP: Mayors seek boycott of fishery forum
New Bedford Mayor Scott Lang says he’ll urge fishermen from his city to boycott a scheduled meeting with federal fisheries officials.
The forum scheduled for next Monday night in Gloucester was called by Jane Lubchenco, administrator of the National Oceanic and Atmospheric Administration, in the wake of an inspector general’s report that found enforcement of federal fishing rules to be arbitrary and unfair.
The meeting is also planned just five days before the implementation of new regulations that have been sharply criticized by the fishing industry.
Read the complete story at The Boston Herald.
Mayor of Kodiak cites harm caused by Catch Shares in Alaska; asks for hearings before new policy is implemented
Jerome Selby, mayor of Kodiak Island Borough, Alaska — one of the nation's top three fishing ports — has written to the U.S. House of Representatives Committee on Natural Resources asking that NOAA's catch share policy be delayed until hearings are held in the largest ports of New England, the Gulf Coast, the West Coast, and Alaska.
Mayor Selby wrote "Because of the damage we have experienced to our economy and people from the two catch share programs that have been implemented in Kodiak, we have serious concerns about the new Catch Share policy that is being developed."
The mayor continued, "The new policy should place a strong emphasis on using the lessons learned about negative impact on jobs and communities' economies to minimize these negative impacts in the future."
Firm tied to NOAA claims to land $6M deal
A global firm with close ties to top federal fisheries officials and the Environmental Defense Fund, architect of the nation's catch share policy, is one of four that has been qualified to provide on-board monitoring — worth as much as $6.5 million a year — when the New England fisheries go under catch system rules May 1.
UPDATE: Firm announced winning contract before it was awarded. See Environmental firm jumped gun on deal with NOAA
Marion Veber, the acquisitions officer in charge of the selection, which is expected this week, declined all comment on the matter yesterday and refused to identify the qualified firms competing for all or a part of the monitoring contract for the catch share system.
But MRAG Americas, whose president Andrew Rosenberg cuts a high profile in global fisheries, has posted on its Web site that it has already been selected.
[read the full story in the Gloucester Daily Times]
New Bedford Mayor asks again for Catch Share delay; original letter remains unanswered after a month
New Bedford, Massachusetts mayor Scott Lang wrote a second letter to NOAA Administrator Jane Lubchenco on April 20, 2010, urging a delay in implementation of Sector Management. The letter is a follow-up to his original letter written a month ago that remains unanswered. The letter was copied to Commerce Secretary Gary Locke, Eric Schwaab, National Marine Fisheries Service and over 70 members of Congress.
The text of the letter follows: I am writing to express my extreme concern that the catch share / sector program remains scheduled for implementation on May 1, 2010. In my letter dated March 22, 2010, I focused on several key points suggesting the necessity of delaying the start of the catch share /sector program. I have not received a formal response from the National Oceanic and Atmospheric Administration (NOAA) [A copy of the March 22, 2010 letter is enclosed herein]. With a short ten days (10) outstanding, I remain steadfast in my position that NOAA is not ready to move forward with the catch share /sector program, and that the start must be postponed.
I believe a number of significant issues remain unaddressed and jeopardize the sustainability of fishing communities in the New England region. Of utmost concern is the lack of collaboration and buy-in from the fishing industry. NOAA as a government entity is tasked to work for the public good. The catch share /sector management regime is highly controversial and untested in a major multi-species fishery, such as New England. There is no clear understanding of how the program will lead to conservation and rebuilding of fish stocks. This is exacerbated by the fact that there has not been a thoughtful study or understanding by the Agency of the socio-economic impacts of the catch share / sector program as required under Rule 8 of the Sustainable Fisheries Act (SFA). With institution of the catch share / sector program, it has been predicted that we will see over 50% of the fishing fleet adversely impacted and result in irreversible economic harm to fishing communities during one of the nation’s most challenging economic periods.
I maintain there is a much better approach than rushing the implementation of NOAA’s “work in progress” management program. Setting new and more flexible rebuilding programs under the SFA as is advocated by US Congressman Barney Frank and other members of the federal delegation will lead to more effective and strategic rebuilding measures. Improved science will allow for the implementation of catch allocations that meet both the goals of conservation and sustaining the economic vitality of fishing communities. It is premature to implement a program without allowing time for increased flexibility and improved science.
With the effective date fast approaching, I request an accounting from NOAA on the following:
· A detailed analysis of how the catch share/sector program will impact New Bedford, the nation’s number one fishing port;
· A list of the number of fishermen participating in the common pool;
· A list of the number of fishermen participating in the sector program;
· The scheduled adjustments, if any, proposed for species catch allocations;
· A list of the number of fishermen that attended seminars to prepare for the implementation of the catch share / sector program and the dates and locations of the seminars; and
· A complete accounting of all federal funds spent on implementing the catch share program in New England thus far and a proposed budget for future expenditures.
Based on very real concerns, I urge you to delay the implementation of the catch share/sector program until such time that by working together we have addressed these issues and have a reasonable likelihood for the successful implementation of this program. Collaboratively we can build an action plan that uses credible science and effectuates transition to new management procedures. We must also implement a plan that takes into account due process, fairness, timely modification of stock assessments, and provides adequate infrastructure for management. I believe your current timetable is irresponsible and a disservice to fishing communities and the public good. I request your prompt response. Read Saving Seafood's coverage of Mayor Lang's March 22 letter