Washington

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.

 

 

 

 

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

 

 

 

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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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."

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

 

 

 

A commission set up by President Obama to scrutinize the Gulf of Mexico oil spill  has released preliminary reports that say the administration created the impression that it was "either not fully competent" or "not fully candid with the American people about the scope of the problem."

The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling  released four "working papers" Wednesday that said the administration's response was marked by confusion about the spill rate, slowing the federal effort immediately after the oil exploration well blew out April 20.

The commission staff's preliminary papers also said that Obama's Office of Management and Budget later delayed a report by government scientists that would have included a "worst-case" estimate of the rate of the spill, weeks before the government revised its own official estimates upward.

Read the complete story from The Washington Post.

 

 

 

 

 

 

 

ATLANTIC CITY — Proposed federal legislation would require mandatory safety inspections of all commercial fishing boats and training for vessel operators.

The bill, already approved by voice vote in the U.S. Senate and House of Representatives, but awaiting a signature from President Barack Obama, also includes stricter safety standards for smaller fishing vessels.

"It's still going to be a hazardous occupation, but this will make it safer. This will help," said U.S. Rep. Barney Frank, D-Mass., a sponsor of the bill.

Bruno Freitas, chief of staff and legislative director for Frank, said Obama has said he will sign the bill. Frank has been pushing the bill since 2006 in response to fishing deaths off the New England coast, primarily from the Port of New Bedford.

Read the complete story from Delaware Online.

 

 

 

 

 

 

 

On the surface, it's good to learn that U.S. Secretary of Commerce Gary Locke has vowed to take some very basic steps to address the many injustices carried out by agents of the National Oceanic and Atmospheric Administration against fishermen and related waterfront businesses.

But before there's any celebrating — or real sighs of relief that the fishing industry has finally gotten some logical response from its government — it's important to look closely at the reforms Locke has vowed to set in motion, and keep a close eye out for how he and others go about making these promises a reality.

The good news, of course, is that Locke — in direct contradiction of both NOAA administrator Jane Lubchenco, who was nowhere to be found during his Monday visit through New England, and Lois Schiffer, the chief NOAA counsel — promised there would be a review of past cases involving the excessive penalties and tactics used by NOAA enforcement agents as cited by the Commerce Department's inspector general.

Read the complete editorial from The Gloucester Times.

 

 

 

 

 

 

 

When it comes to helping the foundering fishing industry, John Kerry and Scott Brown are in the same boat.

Both Massachusetts senators today lauded the Commerce Department for a series of efforts to improve the working relationship between beleaguered fishermen and their regulators. Those measures, revealed by Commerce Secretary Gary Locke, include creating a confidential email hotline for fishermen to report abusive and overly aggressive enforcement of fishing regulations and $3.35 million in research grants for New England fishermen and local researchers to boost conservation and reduce the amount of fish that are unintentionally caught and killed.

“We’ve sounded the alarm bells and Secretary Locke has responded,” said Kerry, a Democrat and member of the fisheries subcommittee in the Senate. “This investment is a down payment on rebuilding the trust our fishermen have lost in the system – it will give them a voice in the process, and promote cooperative research to prevent bycatch. Our fishermen have taken a pounding in this economy and we need to do everything we can to help them.”

Read the complete story from The Boston Globe.

 

 

 

 

 

 

 

 

Boston, – U.S. Department of Commerce Secretary Gary Locke told New England fishing representatives Monday that he was committed to ending overzealous or abusive enforcement of fishing rules and to helping the industry find ways to become more efficient and profitable.

While stopping short of offering fishermen an apology for questionable penalties identified in a recent federal report as having been assessed by investigators of the National Oceanic and Atmospheric Administration, Locke said fair and effective enforcement was critical to the management of the nation's fisheries.

"The problems identified by the inspector general are simply unacceptable, and they were allowed to persist for too long," said Locke, whose cabinet department oversees NOAA. "Some of those complaints actually dated back to 2001."

He vowed: "Those problems will end on my watch."

Read the complete story from WKRG News.