Washington

Senator Snowe released the following statement: WASHINGTON, D.C. – Recognizing the ongoing plight of the New England groundfishing industry, U.S. Senator Olympia J. Snowe, Ranking Member on the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard today, in a letter, urged Commerce Secretary Gary Locke to exercise his authority under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and implement emergency regulations to increase the 2010 annual catch limits (ACL) for fish stocks in the New England multispecies fishery, also known as the groundfishery. On May 1, 2010, the groundfishery will begin operating under a management structure knows as “sectors” and will be forced to adhere to catch limits for some species that have been reduced by as much as 75 percent from 2009 levels. Senator Snowe drafted the letter with Congressman Barney Frank (D-Mass.), and they were joined in this request by 21 of their House and Senate colleagues. “Past regulatory structures have managed this fishery in a way that works for neither the fish nor the fishermen, and without emergency Secretarial action, we will doom sector management to the same failure,” said Senator Snowe. “Many of the annual catch limits the agency has imposed for 2010 are based on science that is imply insufficient to provide a valid population estimate, yet they will unquestionably lead to a premature closure of this fishery and an economic disaster for our coastal communities. The 2010 ACL of pollock, for example, is just one quarter of the 2009 catch limit, and some fishermen have reported that the amount of pollock they caught in a single tow last year would exhaust their share of the species, shutting them out of the fishery for the rest of the season. We cannot ask our fishermen to operate in an environment where the first tow they make could literally be their last.” Section 305(c) of the Magnuson Stevens Act as last amended in 2006 gives the Secretary of Commerce the authority to promulgate emergency interim measures if he finds that an emergency exists. The letter makes the case that the drastic cuts to ACLs for 2010 constitute such an emergency. “This Administration has made a concerted push for more catch share systems, like sector management. As one of the first such systems to go into effect since the issuance of NOAA’s draft catch share policy, I’m sure the agency agrees with my desire to see sector management succeed,” added Senator Snowe. “Therefore I hope the Secretary will give this request serious consideration and come up with concrete solutions that will pave the way for a smooth transition to this new system and a sustainable future for the fishery.”   The entire Senate delegations from Maine, New Hampshire, Massachusetts, Rhode Island and New York joined Senator Snowe and Rep. Frank in sending the letter today, along with 13 U.S. Representatives. The signatories were: Senators Olympia Snowe (R, Maine), Susan Collins (R, Maine), Jeanne Shaheen (D, NH), Judd Gregg (R, NH), John Kerry (D, MA), Scott Brown (R, MA), Jack Reed (D, RI), Sheldon Whitehouse (D, RI), Chuck Schumer (D, NY), and Kristen Gillibrand (D, NY); and Representatives Barney Frank (D, MA), John Tierney (D, MA), Chellie Pingree (D, ME), Michael Capuano (D, MA), Jim Langevin (D, RI), Joe Courtney (D, CT), Timothy Bishop (D, NY), Peter King (R, NY), James McGovern (D, MA), Patrick Kennedy (D, RI), Carol Shea-Porter (D, NH), and Paul Hodes (D, NH).      

NEW BEDFORD — New England's congressional delegation Thursday went over the heads of NOAA officials and appealed directly to U.S. Commerce Secretary Gary Locke for relief from sharp commercial fishing restrictions that will take effect May 1, one week from Saturday.

Ten senators and 13 members of the House informed Locke that he, as secretary, has the legal authority to impose emergency rules changes without running afoul of the Magnuson-Stevens Act.

Meanwhile, the House Subcommittee on Insular Affairs, Oceans and Wildlife heard testimony on the predicted economic trouble coming from new rules that are expected to decimate commercial fishing in the Northeast.

[read the SouthCoastToday story in full]

 

 

 

BOSTON—Nearly two dozen members of Congress are asking the U.S. Department of Commerce secretary to take emergency steps to increase fishing catch limits before the Northeast switches to a new way to manage the fishery.

Under the new system, in effect May 1, fishermen working in groups called "sectors" are allowed to catch a certain amount of each species of groundfish, such as cod and flounder. If the sectors exceed their limit on any species, they must stop fishing for all species.

In the letter to Commerce Secretary Gary Locke dated Wednesday, the lawmakers said catch limits for some fish, such as pollock, are so low, that fishermen could exceed their sector's limit in one tow of their nets.

[read the AP story in its entirety]

 

 

 

Brian Rothschild, the chief marine science advisor to the New England commercial fishing industry, Thursday described the impending start of the groundfish catch share system as an "experiment" conceived in blithe ignorance that is on track to wreak unnecessary cultural, social and economic havoc.

But the May 1 launch of the regime will not be delayed, NOAA administrator Jane Lubchenco announced. Lubchenco made her decision public in a letter to New Bedford Mayor Scott Lang, who had — along with other elected officials — been urging the postponement.

The new system scheduled to debut May 1 has ratcheted down allocations to remove pressure of any kind on rebuilding stocks. "Risk aversive" was Rothschild's characterization of the approach taken by the federal fisheries management bureaucracy.

[read the Gloucester Daily Times story in full]

 

 

 

Ten Senators and thirteen House Members representing northeastern states today released a letter sent to Commerce Secretary Gary Locke, urgently requesting him to immediately increase catch share limits slated to go into effect on May 1st.  In addition, the twenty-three lawmakers requested a meeting with Locke at the earliest possible time in order to discuss the issue.

The pending implementation of Amendment 16, known as catch shares or sector management, could have a devastating effect on the fishing industry in the Northeast.  The program would slash the total fish catch from the 2009 levels on what are known as "choke stocks" —  pollock, Gulf of Maine winter flounder, southern New England yellowtail flounder, Gulf of Maine cod, and Georges Bank yellowtail flounder.  In past years, New England annual groundfish catches earned as much $313 million annually.  By 2007, the value of the catch had dropped by over two-thirds to $92 million.  The new Amendment 16 limits would push annual income even lower.

The Secretary of Commerce is granted emergency powers to amend the catch share program under the Magnuson-Stevens Fishery Conservation and Management Act (MSA.)  

"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.  "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."

"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 Barney Frank.   "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."

"Our fishermen deserve an economically viable and ecologically sustainable future for their families and businesses," said Congressman John F. Tierney. "Given the upcoming implementation of the catch-share system and its uncertain impact on the fishing community, I have joined my colleagues in requesting immediate action that would ease the effects of the new fishing regulations. I will continue to fight for support for fisherman so that they will have the opportunity to succeed."

The twenty-three members of Congress expressed deep concern that the way the catch share program is structured could lead to the closing of the entire northeast fishery.  For example, under Amendment 16, when fishermen catch just one quarter of the 2009 harvest level of pollock, they will be shut down for the year for all other species.  

In addition, the letter expresses support for a vessel and permit buyback that would provide fishermen planning to leave the industry a means to do so while avoiding bankruptcy.  The letter also requests an increased commitment to funding for scientific research on fisheries.

 

LIST OF SIGNATORIES

 

MASSACHUSETTS

Senator John Kerry

Senator Scott Brown

Congressman Barney Frank

Congressman John Tierney

Congressman James McGovern

Congressman Michael Capuano

 

RHODE ISLAND

Senator Jack Reed

Senator Sheldon Whitehouse

Congressman Jim Langevin

Congressman Patrick Kennedy

 

MAINE

Senator Olympia Snowe

Senator Susan Collins

Congresswoman Chellie Pingree

Congressman Michael Michaud

 

NEW HAMPSHIRE

Senator Jeanne Shaheen

Senator Judd Gregg

Congressman Paul Hodes

Congresswoman Carol Shea-Porter

 

NEW YORK

Senator Charles Schumer

Senator Kirsten Gillibrand

Congressman Timothy Bishop

Congressman Peter King

 

CONNECTICUT

Congressman Joe Courtney

 

 

 

 

 

 

 

 

 

 

The House Natural Resources Committee, Subcommittee on Insular Affairs, Oceans and Wildlife, led by Del. Madeleine Z. Bordallo (D-GU), held an oversight hearing on "A Community Perspective on Catch Shares ."

WITNESSES:

Panel 1:

Captain David T. Goethel
Fishing Vessel Ellen Diane
Julian Magras
Chairman of the Board
St. Thomas Fishermen's Association

Captain Wayne Moody
Fishing Vessel Capriccio

Jefferson Angers
President
Center for Coastal Conservation

Panel 2:

James Donofrio
Executive Director
Recreational Fishing Alliance

Bob Dooley
President
United Catcher Boats

Brian Rothschild, Ph.D.
Montgomery Charter Professor of Marine Science and Technology
University of Massachusetts Dartmouth

Captain Terry Arnold Alexander
Fishing Vessels Jocka and Rachel T 

Opening Statement:
Chairwoman Madeleine Bordallo

 

 

 

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

 

 

 

The Obama administration is launching a significant new effort to reach out to marine recreational fishermen, an economically and politically powerful group that has previously felt shut out by the new administration.

The National Oceanic and Atmospheric Administration, the main federal agency overseeing ocean and fisheries policy, has rolled out a series of new initiatives in the past month aimed at raising the profile of recreational fishing within the agency and calming some of the hostile waters between fishermen and the administration. NOAA Administrator Jane Lubchenco created a new post for a high-level national policy adviser for recreational fishing, reorganized regional offices to put greater emphasis on sportfishing and created a new advisory panel on the issue.

And in its most visible move, the administration is hosting hundreds of fishermen this weekend in Alexandria, Va., for a national summit on recreational saltwater fishing.

The efforts are an attempt to reach out to a vast group of more than 15 million saltwater recreational fishermen who pump more than $31 billion into the economy each year and who could pose significant challenges as NOAA attempts to rebuild depleted fish stocks.

Read the complete story at The New York Times.

 

 

 

 

 

 

NEW BEDFORD — Four congressmen, including two from Massachusetts, on Friday asked the administrator of NOAA to dramatically ramp up her efforts to overhaul the agency's fisheries Office of Law Enforcement, specifically asking that she exclude the No. 2 law enforcement official from the reform effort.

The letter comes days after U.S. Rep. Dennis Kucinich, D-Ohio, revealed that the former head of NOAA law enforcement shredded up to 80 percent of his own files while being investigated by the Commerce Department's inspector general last year. That official, Dale Jones, was forced out of the job earlier this month in a hailstorm of criticism, but NOAA has never revealed whether he was fired, transferred or put on leave.

Kucinich, chairman of the House Domestic Policy Subcommittee of the Committee on Oversight and Government Reform, threw a spotlight on Mark Spurrier, Jones' deputy, for questionable conduct in office and during the investigation, including document shredding. He said, "Spurrier's stated reasons changed considerably to explain why he, unlike Jones, director of OLE, did not participate in the inappropriate shredding of documents."

A source confirmed that Kucinich's committee has obtained from NOAA the full report of the inspector general, which documented years of anecdotal reports of arbitrary and even malicious prosecution of fishermen, especially in the Northeast. But the report hasn't yet been released to other members of Congress or the public.

Read the complete story at The South Coast Today [subscription site]

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WASHINGTON, D.C. – U.S. Senator Olympia J. Snowe, Ranking Member on the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard yesterday led a group of 16 U.S. Senators in a letter urging the Chairman and Ranking member of the Senate Appropriations Subcommittee on Commerce, Justice and Science to increase funding to increase the President’s Fiscal Year 2011 request for the National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service (NMFS)by $47 million to fully invest in the science that supports the nation’s fisheries.

“Science is the foundation upon which sustainable fisheries must be constructed,” said Senator Snowe.  “The level of funding for fisheries science called for in the President’s budget request for fiscal year 2011 is simply insufficient to support the hard-working fishermen who are the backbone of our coastal economy.  Yesterday, the last can of sardines rolled off the production line in a century old fish processing plant and today 128 people are out of work because of it.  The Stinson cannery did not close because the resource is overfished, but because we do not have enough confidence in our stock assessments to know how much fish we can catch.  Continuing to underfund our fisheries science programs will exacerbate this fundamental flaw in the system and cost more employees their jobs.”

The lawmakers said the current budget fails to adequately invest in fundamental fishing programs and, in some cases, reduces funding from the Fiscal Year 2010 levels.  Specifically, the group requested the Subcommittee increase funding in the areas of: stock assessments, cooperative research, fisheries statistics, fisheries observers and survey and monitoring projects.

“These increased investments will result in a higher degree of confidence in our stock assessments, which will quickly pay dividends by reducing the amount of time it will take our fisheries to rebuild, and in some cases, allowing higher catch levels in the very near term,” wrote the lawmakers.

The letter specifically calls for an addition of $10 million to the cooperative research budget. Cooperative research is science conducted in conjunction with fishermen.  This symbiotic effort allows fishermen to better understand the precise needs of scientists, and allows scientists to take advantage of fishermen’s knowledge in what is widely considered a win-win that leads to better data and an improved relationship among industry members, scientists, and regulators.

“As I discussed with Dr. Lubchenco during our NOAA budget hearing last month, if NOAA is serious about rebuilding the climate of trust between regulators and fishermen, cooperative research funding must be maintained,” added Senator Snowe.

Along with Senator Snowe, the letter was signed by her colleagues Maria Cantwell (D-Wash.), John Kerry (D-Mass), Jack Reed (D-R.I.), Robert Menendez (D-N.J.); Bill Nelson (D-Fla.), Sheldon Whitehouse (D- R.I.), Jeanne Shaheen (D-N.H.), Frank Lautenberg (D-N.J.), Daniel Akaka (D-Hawaii), Barbara Boxer (D-Calif.), Mark Begich (D-Alaska), George LeMieux (R-Fla.), Kristen Gillibrand (D-N.Y.), Chuck Schumer (D-N.Y.), Susan Collins (R-Maine), and Bernie Sanders (I-Vermont).

Signed copy of the letter is attached.