A revision of federal groundfishing rules known as Amendment 16 has been approved by NOAA’s Fisheries Service. The final regulations required to implement these measures are expected to be published in late April or early May.
Asbury Park Press: Northeast fishermen paid higher fines
Federal fisheries enforcement officials sought fines from Northeast fishermen that in total were five times more than the dollar figures imposed in most other coastal regions, according to a report by the Department of Commerce inspector general's office.
Those nearly $5.5 million in fines imposed from 2004 to 2009 were 2.5 times as much as Southeast penalties — and ultimately negotiated down by about 70 percent and settled for $1.6 million, a bigger aggregate reduction than any other region patrolled by the National Oceanic and Atmospheric Administration's Office of Law Enforcement, the report says.
"This regional disparity fosters an appearance that fine assessments in the Northeast region are arbitrary," wrote reviewers from the Department of Commerce, NOAA's parent agency.
Federal enforcement of fishing regulations contribute "to a highly charged regulatory climate and dysfunctional relationship . . . particularly in the Northeast" between government and the fishing industry, the report says.
‘Systemic’ problems in enforcement of region’s fishermen
A federal inspector general's report has found "systemic" problems in the enforcement of the U.S.commercial fishing fleet – especially in the Northeast.
The seven-month investigation took place after years of fish police complaints reached a crescendo, especially in New England, last year.
"In short, we found systemic, nationwide issues adversely affecting (the National Oceanic and Atmospheric Administration's) ability to effectively carry out its mission of regulating the fishing industry," the U.S. Department of Commerce Inspector General report says.
"These issues have contributed significantly to a highly-charged regulatory climate and dysfunctional relationship between NOAA and the fishing industry – particularly in the Northeast Region."
Northeast Fishermen Hurt by NOAA Enforcement Ills, Report Concludes
A new government report has harshly criticized the way federal regulators police the fishing industry, particularly in the Northeast. The review was carried out by the Inspector General's Office of the U.S. Commerce Department, and says that the National Oceanic and Atmospheric Administration, or NOAA, must take steps to address complaints from New England fishermen and others, including claims that enforcement efforts are overly harsh, unfair, and arbitrary.
NOAA spokesman Scott Smullen says they're taking the report seriously. "Without confidence in our system we can't preserve and protect a fish resource. So we will take steps to improve the system and to reinforce confidence in the system in the interest of the fish resource and those who are going to depend upon its viability in the long run."
The report consulted over 225 individuals in various parts of the country, including fishermen, boat captains, industry association representatives and conservation officials. It found what was described as a "highly-charged regulatory climate and dysfunctional relationship between NOAA and the fishing industry, particularly in the Northeast Region."
Read the complete story and listen to audio at The Maine Public Broadcasting Network.
Recreational Fishing Alliance pushes for flexibility bill
Ostensibly, the Magnuson-Stevens Conservation and Management Act (MSA), signed into law by President Bush in 2007, was supposed to right the wrongs of decades of poor management while helping to restore and sustain fisheries.
Instead, asserts Jim Donofrio of the Recreational Fishing Alliance, it has been used to bludgeon recreational anglers and the economies of coastal communities dependent on sport fishing. Two of the most damaging blows were delivered by closing black sea bass and red snapper fisheries.
"Black sea bass was at 200 percent over its projected biomass, and yet NOAA (National Ocean and Atmospheric Administration) closed it down because we may overfish it," Donofrio said. "Some in NOAA are career people and there's some balance there, but these actions (fishery closures) are being driven by the administration, which is carrying out the Pew agenda and that is to close the oceans down."
The Pew Oceans Commission is a private, independently funded, organization. Jane Lubchenco, who served on that commission, now is head of NOAA.
To combat what it perceives as an assault against both recreational and commercial angling, RFA is leading a Feb. 24 "United We Fish" rally on the steps of the Capitol.
Gill net fishing to close for seven months
Fishing with large mesh gill nets is expected to close for seven months in a large portion of the state’s coastal waters as the N.C. Division of Marine Fisheries addresses the issue of unauthorized interactions with endangered and threatened sea turtles.
The division plans to apply for a permit under Section 10 of the Endangered Species Act that would authorize the incidental take of endangered or threatened species of sea turtles according to guidelines in an approved conservation plan.
There is currently a Section 10 permit for the Pamlico Sound Gill Net Restricted Area. The proposed permit would be statewide.
Work on the permit application is under way, and the division anticipates having it submitted to the National Marine Fisheries Service by April.
“We’re hoping to get the application in this spring and the hope is for approval by the 2011 fishing season,” said Patricia Smith, a spokeswoman for the division.
N.C. Gill net fisheries debate continues
Images depicting anguished and disillusioned sea turtles cocooned in gill nets have spurred debate over whether North Carolina should restrict or ban the nets along its waters.
An intended lawsuit against state authorities, the anticipated temporary closure of gill net fisheries and the pending release of a documentary film levying charges against North Carolina for fishery mismanagement underscore how a movement in favor of banning the nets is swelling.
The imminent lawsuit, soon to be filed by Duke University lawyers and law students, on behalf of the Karen Beasley Sea Turtle Hospital in Topsail Island against the North Carolina Division of Marine Fisheries and the Marine Fisheries Commission, accuses state authorities of violating the endangered species act by licensing and permitting gill nets, which are notorious for unintentionally trapping sea turtles, said hospital director Jean Beasley.
In the lawsuit’s wake, the state announced on Jan. 11 that it was undertaking a sweeping endeavor to temporarily close gill net fisheries from May 15 to Dec. 15 of this year while it develops a statewide federal permit to limit takes of endangered species—an action lauded by several in favor of gill net restrictions.
Standard-Times: NOAA scolded on fisheries enforcement
NOAA’s inspector general Thursday validated the complaints of fishermen in the Northeast with a scathing report citing arbitrary, heavy-handed and often unfair enforcement of the fisheries laws.
In a report prompted by complaints last year from the state’s congressional delegation, the inspector general described an agency that lacks organization, guidelines and oversight, in which criminal investigators handle non-criminal infractions, dealing out heavy fines without consistency and without review.
The investigators interviewed 255 people, but fisheries sources speaking off the record for fear of retribution said that many fishermen likewise fearing retribution were too fearful to talk to investigators.
Larry Yacubian, a former New Bedford fisherman now running small passenger boats on the Florida coast, was driven out of business after a dispute over an alleged closed area violation in 1998.
Yacubian said he believes he was singled out by a vindictive official at NOAA on a questionable accusation. The boat tracking system operating with one satellite was highly inaccurate in the days before global positioning systems, he said.
But he said the judicial process “makes Georgia traffic court look like the Supreme Court,” and it stripped him of all of his commercial fishing licenses permanently. The process itself stretched out over seven years, he said.
“Amazingly enough,” he said, “you would tell people what was going on and they would look at you like you had three heads. It was sort of like dealing with a bad cop,” he said.
Yacubian said that last year he met a Rhode Island day-fisherman who was assessed $1.5 million in fines because of late activity reports, which he would file in bunches every two weeks. Yet late reports are extremely common, Yacubian said, and other fishermen were given a pass.
Marc Agger, a former New Bedford fisherman who now operates a fish processing plant in New York, said that an oversight involving a shark fishing license led to an assessment against him for $4.5 million and put him out of fishing. The fine has been negotiated down to $1 million, but he said he has no way to pay it and expects NOAA to seize his family’s home before long.
Gloucester Times: IG finds ‘systemic’ NOAA ills, eyes ‘abusive treatment’
After a six-month national investigation that started in Gloucester and New England, a federal Inspector General's report released today cites major problems in the way the National Oceanic and Atmospheric Administration has enforced fishery conservation laws over the fishing industry.
"We found systemic, nationwide issues adversely affecting NOAA's ability to effectively carry out its mission," wrote the Office of Inspector General of the Department of Commerce. "These issues have contributed significantly to a highly charged regulatory climate and dysfunctional relationship between NOAA and the fishing industry — particularly in the Northeast."
If not addressed, the IG's office advised, even further strains in the region could occur and spread.
NOAA was told to exert "substantially greater management and oversight" over the regional law enforcement operations.
Read the complete story at The Gloucester Daily Times.
NOAA Response: Agency Takes Steps to Improve Fisheries Law Enforcement
Dr. Lubchenco responds to Inspector General's report directing the agency’s enforcement and legal offices to take steps to "promote greater transparency in law enforcement, ensure fairness in penalties, and improve lines of communication with commercial and recreational fishermen."
NOAA's recently appointed general counsel, Lois Schiffer, has been instructed to lead a review of policies and procedures, and recommend ways to increase coordination and consistency, transparency, accountability, and fairness. Schiffer starts at NOAA on Feb. 1.
The complete statement from NOAA follows…
January 21, 2010 – NOAA Administrator Jane Lubchenco has directed the agency’s enforcement and legal offices to take steps to promote greater transparency in law enforcement, ensure fairness in penalties, and improve lines of communication with commercial and recreational fishermen.
The action comes in response to a Commerce Department Inspector General (NOAA is an agency of the Commerce Department) nationwide review issued today that outlines several recommendations to improve NOAA’s enforcement operations. Dr. Lubchenco requested the review in June 2009 after hearing concerns about NOAA enforcement from some members of the fishing community and Congress.
“Rebuilding our fisheries and sustaining the jobs and coastal communities that depend on them is a goal we share with the fishing public,” said Dr. Lubchenco. “As fishermen know, having an enforcement program that is transparent and perceived as fair and accountable is central to sustainable fishery management. This nationwide review shows that we can do a better job in this regard. We will take steps to improve the system and to reinforce confidence in the system—in the interest of the fisheries resource and all who are dependent upon its viability.”
One of the recommendations of the IG report is for NOAA to develop more uniform policies and procedures where appropriate. To that end, Dr. Lubchenco has asked NOAA’s new general counsel, Lois Schiffer, to lead a high level review of existing policies and procedures, and recommend ways to increase coordination and consistency, transparency, accountability, and fairness nationwide in agency law enforcement efforts. Schiffer starts at NOAA on Feb. 1.
Dr. Lubchenco also announced that NOAA will convene a national summit on enforcement policies and practices in order to hear from constituents and experts in the field. The summit will include representatives from the commercial fishing industry, the recreational fishing community, environmental groups, academic institutions, and outside experts from law enforcement, as well as significant participation by NOAA’s Office for Law Enforcement and the Office of the General Counsel for Enforcement and Litigation.
“I intend to take proactive steps to implement the recommendations that emerge from the summit,” Dr. Lubchenco said, “and I am confident that we will develop innovative and responsive approaches that will improve NOAA’s enforcement capabilities while fostering a better immediate and long-term working relationship with our constituents.”
Dr. Lubchenco also praised the professionalism and integrity of NOAA's law enforcement agents and attorneys during the Inspector General's review. "Their input and candor allowed the Inspector General to gain a good understanding of our law enforcement efforts," she said.
The IG noted that NOAA’s General Counsel for Enforcement and Litigation has already started making improvements to policies and procedures that will lead to increased coordination and consistency in law enforcement efforts, calling them a "good start to building transparency."
These steps include:
• Revising procedural regulations and the penalty schedule
• Developing an internal operations and procedural manual
• Establishing a new case tracking database that links enforcement and legal case management systems
• Increasing communications with the Fishery Management Councils, especially in the Northeast U.S.
• Providing explanatory notes to case files
• Tracking priorities
• Providing public access to information on charges brought and cases concluded
The IG report is available online at http://www.oig.doc.gov/oig/.
The more than 200 agents and attorneys in NOAA’s Office for Law Enforcement and the Office of the General Counsel for Enforcement and Litigation are responsible for carrying out more than 35 statutes, including the Magnuson-Stevens Fishery Conservation and Management Act and the Endangered Species Act. Their jurisdiction covers more than three million square miles of open ocean, more than 85,000 miles of U.S. coastline, the national’s 13 national marine sanctuaries and its marine national monuments. As part of their mission to protect our nation’s marine resources by ensuring compliance with fisheries laws and regulations, they help to protect fish stocks and marine mammals, as well as the livelihoods of law-abiding commercial and recreational fishermen.
NOAA understands and predicts changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources. Visit us at http://www.noaa.gov and on Facebook at http://www.facebook.com/noaa.lubchenco.