Washington

GLOUCESTER, Mass. – February 2, 2010 – The Northeast Seafood Coalition congratulates Senator Brown for asserting leadership on an issue sorely in need of Congressional attention. Congress made clear in both National Standard 8 and the required economic impact statements that understanding and minimizing the economic impacts of federal fishery regulations on fishermen and fishing communities must be among the very top priorities of the Councils and NMFS. Instead, this has proved to be a weak link in the fishery management process as we have experienced first hand with groundfish management. Although prepared by Council and agency staff, fishery impact statements appear to have little if any operative effect in the actual fishery management process and so have been reduced to mere lip service to Congressional intent. When originally championed by Senator Olympia Snowe in the 1990's as part of the Sustainable Fisheries Act (SFA), National Standard 8 was intended to provide the crucial, missing balance to those elements of the SFA that were focused strictly on fish stock conservation. In practice, it is difficult to see any real evidence that the National Standard 8 mandate to minimize adverse economic impacts on fishing communities has been taken seriously in the New England groundfish process. NSC believes that if enacted, the amendments in Senator Brown's bill would substantially reform the fishery management process by providing some real teeth behind National Standard 8 and the fishery impact statements. The requirement for truly independent impact analyses and a mandate for the Secretary of Congress to mitigate unacceptable economic impacts would be a giant leap forward in restoring balance to a process that threatens the foundation and economic stability of the New England groundfish industry. We greatly appreciate Senator Brown's vision and call on fishermen and their representatives in Congress throughout our region and across the nation to get behind this important legislation.        

The slaps in the faces to fishermen, their advocates and even to members of Congress just keep on coming from the federal agencies that oversee the industry.

Indeed, the actions of Commerce Secretary Gary Locke last week confirm they will keep coming indefinitely unless the region's congressional delegation finally steps up and demands some accountability from an entire federal department that, under the Obama administration, has hopelessly lost its way.

While there has been plenty of heated rhetoric during the past year from members of Congress regarding those agencies' punitive regulations, vindictive enforcement and blatant misconduct, U.S. Sen. Scott Brown is the first on the federal level to openly call for what is long overdue — an independent investigation into agents and enforcers of the National Oceanic and Atmospheric Administration.

That, Brown said, may be the only way, "to right the many wrongs our fishermen have suffered."

His colleague, Sen. John Kerry, along with Congressmen John Tierney and Barney Frank should join in that demand. For, it should be clear to them by now, that talking isn't going to accomplish anything.

The misdeeds of NOAA enforcement were documented more than a year ago, in an audit by U.S. Department of Commerce Inspector General Todd Zinser.

For a while, it seemed that Secretary Locke would pursue justice for fishermen, both in promising to consider relaxing some of the most draconian federal limits on fishing, and in opening the door to revisiting unjust prosecutions of fishermen.

But now, Locke has been backing off. Two weeks ago, he refused to relax the limits, even after the recently retired chief scientist at NOAA, Steve Murawski, said in an interview that this year will be a "milestone" because it will mark the end of overfishing by the U.S. commercial fleet.

And last week, Locke backed off even more. Last fall, he had said he would be willing to explore past cases of government wrongdoing. But now, he has put new limits on an investigation into the prosecutions by Special Master Charles Swartwood III.

Read the complete editorial from The Gloucester Times.

 

 

 

 

 

NEW BEDFORD — Citing his “extraordinary frustration” in dealing with the U.S. Commerce Department, Gov. Deval Patrick has appealed to President Barack Obama to intervene in the dispute over fishing regulations in the Northeast.

After listing all of the ways in which he and others have been rebuffed by fisheries regulators, Patrick asks Obama in a three-page letter to “set your Department of Commerce and its agencies on a course of cooperation and consideration with regard to the fishing industry in Massachusetts and the coastal communities that depend on it for sustenance and identity.”

The letter comes in the wake of sweeping refusals by Commerce Secretary Gary Locke to do anything to change the system of sector management and the level of catch shares imposed on the fishing industry last year.

Despite lawsuits and intense political pressure from a bipartisan group of lawmakers mainly from the Northeastern states, nothing has changed with regard to the regulations and limits on fishing.

Patrick wrote, “Our fishing communities face severe challenges, and are currently suffering great hardship, as a result of well-intended but often ill-conceived and poorly executed efforts by federal regulators to constrain the fishing harvest and rebuild our fish stocks.”

Read the complete story from The South Coast Today.

 

 

 

 

 

Congressman Walter Jones' office has issued the following release:

WASHINGTON, D.C. – Last week U.S. Congressman Walter B. Jones (NC-3) and three of his colleagues sent a letter to Deanna Okun, Chairman of the U.S. International Trade Commission (ITC) supporting the continuation of antidumping duty orders on frozen warmwater shrimp from Brazil, China, India, Thailand and Vietnam.  The orders were put in place in 2005 after a U.S. Department of Commerce investigation found that exporters from these countries were illegally dumping shrimp onto the U.S. market at less than fair value.  In a separate investigation, the U.S. International Trade Commission confirmed that the illegal dumping was having devastating effects on the U.S. shrimp industry, including widespread economic losses and bankruptcies.   The trade relief has helped level the playing field for the domestic shrimp industry.   Jones and Congressmen Jo Bonner (AL-1), Jeff Landry (LA-3) and Steven Palazzo (MS-4) argue that continuation is imperative for the economies and culture of American shrimping communities.

 
The text of the letter follows:
 

“Dear Chairman Okun and Commissioners:

We are writing to express support for the continuation of the antidumping duty orders on frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam.  These orders have played a crucial role in the survival and continued viability of the shrimp industry in the Gulf and South Atlantic states, and their continuation is essential to the thousands of men and women who work in this industry, as well as their families and communities.

Prior to the domestic shrimp industry’s pursuit of trade relief at the end of 2003, a massive flood of unfairly traded imported shrimp had drastically changed the shape of the U.S. shrimp market.  In a short period of time, U.S. shrimp imports had nearly doubled in volume, while the prices of those imports decreased significantly.  As import prices fell, domestic shrimp prices collapsed as well.  This flood of imports had devastating effects on the domestic shrimp industry, leading to the bankruptcy and closure of many small and medium sized businesses.  These businesses, many of which had been family owned for generations, were involved in all segments of the industry, from harvesting, processing, and purchasing shrimp, to supplying and maintaining vessels and equipment used by the industry.

The trade relief that was put in place in 2005 arrested the massive increase in shrimp imports and the declining prices of those imports.  Since the orders were put in place, the domestic industry has had to contend with destructive hurricanes, escalating fuel prices, and a devastating oil spill that crippled the industry for much of 2010, yet it has survived because of the spirit, hard work, and perseverance of the men and women who make up this industry.  The trade orders have been essential to giving these men and women an opportunity to compete on a more level playing field.

As the domestic shrimp producing industry continues its recovery from the Gulf oil spill, and at a time when fuel prices are skyrocketing once again, revocation of the orders would result in a greater flood of shrimp imports, would drive prices even lower, and would be a devastating blow to all segments of the domestic industry.  This industry is vital not only to the economies of our communities, but also to their culture.  We respectfully urge you to maintain the antidumping orders on frozen warmwater shrimp.”

For additional information, please contact Catherine Fodor in Congressman Jones’ office at (202) 225-3415.

Read the original press release.

 

 

 

WASHINGTON – Jan 31, 2011 – Today, Senator Scott Brown (R-Massachusetts) introduced the Fishing Impact Statement Honesty (FISH) Act of 2011. 

Senator Brown’s Fishery Impact Statement Honesty (FISH) Act would amend the Magnuson-Stevens Fishery Conservation and Management Act to require that economic impact statements on the affect of fishing regulations on communities be produced independently of NOAA and updated on an annual basis.

According to Senator Brown, fishing communities throughout Massachusetts are facing economic hardship because NOAA and the Commerce Department refuse to acknowledge that their catch share regulations are strangling the fishing industry.

The Commerce Department must be forced to produce an annual independent fisheries impact statement, so that officials at NOAA and the Commerce Department cannot ignore the situation or tailor the results of the statement to their own purposes.  Senator Brown's bill would require that the analysis be done by an outside neutral third party who would be chosen by the Government Accountability Office (GAO), not by NOAA or the Administration. 

If an independent auditor finds that NOAA regulations are hurting fishing communities, NOAA should be forced to make changes. Under the bill, the Secretary of Commerce is required to publish and implement a plan to address negative economic or social effects on fishing communities identified by the independent economic impact statement.

Read Senator Brown's proposed amendment to the Magnuson-Stevens Fishery Conservation and Management Act.

 

 

 

 

 

 

 

U.S. Sen. Scott Brown's reference Friday to seeking an "independent investigation" into potential criminal wrongdoing on the part of NOAA fisheries agents has resurrected a call by a number of fishing activists, officials and Gloucester lawmakers.

Reacting to the news that federal Commerce Secretary Gary Locke had put new written clamps on an investigation by a "special master" into cases of wrongdoing on the part of federal enforcers and prosecutors — as documented by an Inspector General's report — Brown said Friday it may be time to look toward another level of investigation into what many industry activists allege to have been criminal conduct by agents and enforcers with the National Oceanic and Atmospheric Administration.

A Department of Commerce Inspector General's report — spawned largely from an investigation launched in Gloucester and New England — found widespread excessive enforcement by NOAA officials, who socked fishermen and businesses in the Northeast with fines of up to 500 percent higher than those meted out in other parts of the country, and carried out abusive tactics in pressing an alleged violation case against the Gloucester Seafood Display Auction.

Fishery supporters and lawmakers have been pressing to get NOAA, which falls under the Department of Commerce, to revisit back cases that dealt a number of New England fishermen excessive penalties — paid into NOAA enforcement's so-called Asset Forfeiture Fund, which agents in turn used for such expenses as foreign travel and acquiring cars and a "luxury" boat.

Read the complete story from The Gloucester Times.

 

 

 

 

 

Regarding the settlements agreed to by boat owners, Lang told The Standard-Times, "People who agreed to these dispositions were in many cases told that if they went ahead, penalties would be far worse if they lost." In that sense, he said, settlements weren't voluntary and need a review.

"Don't stand behind the pretense that these were voluntary actions. There were no voluntary actions. There were no voluntary pleas."

Lang criticized Locke for what he said was using a broken bureaucracy to police itself. And he expressed doubts that Eric Schwaab really will produce a re-examination of the fishing rule-making within the agency.

And he said it was disingenuous of Locke to hold up judicial "finality" as a higher goal than seeking justice in closed cases. The reviewing of judicial decisions "happens all the time," Lang said. Taking the decision about which cases to review out of the special master's authority is "tying his hands," Lang said.

At this point, he said, he has concluded that NOAA needs a top-to-bottom investigation by an outside authority. "There needs to be a full-blown investigation into the entire agency," he said. "The idea that they wouldn't completely take the hood off and look at every single fact pattern is very troubling."

NEW BEDFORD — U.S. Commerce Secretary Gary Locke has once again denied the appeals of the fishing industry and political leaders, ruling that he will not expand the group of law enforcement cases to be reviewed by the "special master" looking into fisheries law enforcement abuses.

In a five-page memorandum, Locke one by one denied every request for his intervention in the matter. He said he would:

    * Not address cases where no civil penalty was imposed, instead referring them back to NOAA for "lessons learned."
    * Not review any cases that went before a federal judge, citing the need for "finality" in the judicial system.
    * Not address cases that are currently before an administrative law judge or the NOAA administrator, on the grounds that the inspector general's reports so far have made the courts aware of past abuses and will avoid them today.
    * Not address cases that were not brought forward during the investigation by Inspector General Todd Zinser.
    * Not put a hold on payment of civil penalties already assessed.

U.S. Rep. Barney Frank, D-Mass., who is attending the international economic summit in Davos, Switzerland, told The Standard-Times, "I am appalled at this latest assault on the fishing industry by Gary Locke." Frank was already angry with Locke for "betraying" him by rejecting Gov. Deval Patrick's call for higher fish quotas and financial help for the industry.

Read the complete story from The South Coast Today.

 

 

 

 

As Daley put it last month, in reference to attempts to reorganize how the bureaucracy works: "No question that unless you've been in the government, you really can't understand how screwed up it is when it comes to these sort of discussions."

Warner said Daley, as a former Cabinet member and as a top executive at JP Morgan Chase, brings a unique perspective.

"He's been in the belly of the beast."

WASHINGTON — It was a big laugh line in President Barack Obama's State of the Union speech: "The Interior Department is in charge of salmon while they're in fresh water, but the Commerce Department handles them when they're in saltwater. I hear it gets even more complicated once they're smoked."

Behind the joke was an ambitious promise to tame and reorganize segments of the federal bureaucracy. If Obama's new chief of staff, Bill Daley, wields any influence, a primary target will be the Commerce Department.

Its 38,000 employees oversee a diverse portfolio, from helping businesses and conducting the census to providing accurate weather forecasts and granting patentsand trademark protection.

Daley knows the department inside and out. He ran it during the Clinton administration.

Early last month, before Obama named Daley as his top aide, a Democratic-leaning think tank that has been a source of many Obama administration policy ideas laid out a plan to streamline the Commerce Department and sharpen its focus on making U.S. businesses more competitive — the new clarion call at the White House.

Read the complete story by Jim Kuhnhnen of the AP at MSNBC.

 

 

 

 

 

When asked whether he has ever been envious of Stevens' stature in Alaska, Young says no, and he asks a staffer to retrieve a framed photo of Stevens kissing Young's ring.

Then, Young launches into a story about the work he did with former Rep. Gerry Studds, D-Mass., to pass the landmark fisheries bill known as the Magnuson-Stevens Act. The 1976 bill created 200-mile exclusive economic zones off the country's coast and led to Alaska's multi-billion dollar fishing industry.

Young said he recognized the need for the legislation during a trip to Kodiak, where whole fleets of foreign fishing vessels were visible at night, just one mile off shore. Then-President Gerald Ford, who was on his way to Asia and refueling in Alaska, invited Young along. Young said he used the long trip on Air Force One to persuade Ford to sign the legislation, over then-Secretary of State Henry Kissinger's concerns about the effect it would have on U.S. ties to Japan.

"I said — and Gerry Ford is a friend of mine — 'Mr. President, with all due respect, that's bull****,'" Young said. "I said, 'they will figure out a way to get the fish, but we will control the seas 200 miles out.'"

"This went on until we got off the airplane," Young said. "On his way back, he signed that bill. And I take credit for that every time. Of course, Ted got it named after him. Am I jealous? No. I didn't really care, as long as it happened."

Read the complete story from The News Tribune.

 

 

 

 

 

Many who have requested information from NOAA, most notably New Bedford Mayor Scott Lang, have complained about the length of time it has taken for responses and also the number of pages withheld by the agency.

Representative Darrell Issa calls it a way to promote transparency: a request for the names of hundreds of thousands of ordinary citizens, business executives, journalists and others who have requested copies of federal government documents in recent years.

Mr. Issa, a California Republican and the new chairman of the House Committee on Oversight and Government Reform, says he wants to make sure agencies respond in a timely fashion to Freedom of Information Act requests and do not delay them out of political considerations.

But his extraordinary request worries some civil libertarians. It “just seems sort of creepy that one person in the government could track who is looking into what and what kinds of questions they are asking,” said David Cuillier, a University of Arizona journalism professor and chairman of the Freedom of Information Committee at the Society of Professional Journalists. “It is an easy way to target people who he might think are up to no good.”

Mr. Issa sent a letter on Tuesday asking 180 federal agencies, from the Department of Defense to the Social Security Administration, for electronic files containing the names of people who requested the documents, the date of their requests and a description of information they sought. For those still pending after more than 45 days, he also asked for any communication between the requestor and the federal agency. The request covers the final three years of Bush administration and the first two years of President Obama’s.

Read the complete story from The New York Times.