WASHINGTON (Saving Seafood) – Jan. 10, 2011 – NOAA Fisheries chief Eric Schwaab Monday defended the Obama administration's decision to reject Massachusetts Governor Deval Patrick's request for emergency relief from allocation limits, telling Saving Seafood in an exclusive 30-minute interview that it reflects the need to balance statutory requirements in fishing industry regulation.
Since the decision was announced on Friday, reaction has been highly polarized, with every New England elected official or industry representative who has commented expressing anger and criticism, while every environmental group that issued a release expressed praise.
"The bottom line there is that while the (Commerce) Secretary (Gary Locke) does have the authority to take emergency action based upon economic circumstances, he does not have the ability to supersede or undermine our responsibilities under Magnuson (Magnuson Stevens Fishery Conservation and Management Act) to use the best available science to meet the requirements to end overfishing and rebuild stocks," Mr. Schwaab said in the interview.
When asked if the rejection of Governor Patrick's request was Obama Administration policy, Mr. Schwaab replied "No, that's an interpretation of the requirements of the statute to use the best available science to rebuild fish stocks in accordance with the timeline that's set out in the Magnuson Act."
His comments come after Friday’s letter to Gov. Patrick from Secretary Locke rejecting his and industry’s argument that catch limits were set too low with sector management threatening the survivability of the state’s fishing industry. Echoing the finding in the letter, Mr. Schwaab argued that while commercial impacts of the regulations are important, new biological data is needed to prove that overfishing is not occurring.
“You have to read the statute in its totality,” he said. “You just can’t pick one section to the exclusion of others.”
But Locke also rejected pleas for $21 million in federal financial assistance, citing the fact that total aggregate fishing revenue increased 21 percent in the first five months of 2010. When asked about the financial relief decision, Mr. Schwaab acknowledged that the data cited ignores the cost of buying quota on net profits, but argued that the revenue increase is still an important consideration.
He also added that solutions are needed to help address how smaller fisherman are being affected by the catch share system.
“We are very clear in our letter about the fact that we remain very interested in working closely, again, with the (New England Fishery Management) Council, with the state, with the fisherman themselves to look at some of these more specific economic challenges and bring into play whatever mechanism we can to alleviate some of those kinds of concerns,” said Mr. Schwaab. “But that is not an easy solution. This is a fisherman-by-fisherman, in some case almost trip-by-trip set of challenges. Trying to fix those problems is something that is going to require us to put our heads together and work through together.”
Just 11 months into his tenure as the head of NOAA Fisheries (National Marine Fisheries Service) following a nearly 30 year career at the Maryland Department of Natural Resources, Mr. Schwaab finds himself under attack by critics in the fishing industry, and their political allies, over both the impact of the catch share rules as well as over the responsiveness of NMFS, the National Oceanic and Atmospheric Administration, and the Commerce Department to fishing industry and community concerns.
When asked about charges that the Obama administration has been unresponsive to the needs of industry, particularly the smaller players, Mr. Schwaab noted that the Commerce Department has allocated money to set up permit banks to help reallocate some quota that could benefit small fishing operations and communities. In addition, he said that Commerce officials have made it clear to Gov. Patrick that if Massachusetts can make a more specific case for economic relief for a specific gear type or smaller fishing area, there is precedent for action.
Mr. Schwaab also rejected criticisms from various lawmakers and local government officials that the federal government has been slow in response to questions and to take action when requested, countering that none of the agency’s actions occur in a vacuum. For instance, the negotiations over December’s congressional approval of changes to federal law allowing regulators to increase catch limits in Georges Bank, a potential boon for U.S. yellowtail fisherman, took place during the much criticized 63 days it took to respond to Gov. Patrick’s request for regulatory relief.
“To the extent that we had authority and felt like we had authority to alleviate some pressure, we’ve moved aggressively to do that,” said Mr. Schwaab. “To the extent that we haven’t, its not because we are uncaring. It’s because we have some limitations that we’re bound to live up to under law. And frankly, some of those limitations are going to, over time, be shown to be in the best interest of the fisheries too.”
Mr. Schwaab also expressed defiance in the face of calls for NOAA Administrator Jane Lubchenco’s firing from Capitol Hill, questioning of his qualifications to run the agency by Gloucester Mayor Carolyn Kirk, and doubts about the agency’s competence to manage fisheries by New Bedford Mayor Scott Lang.
“I think there is progress on a number of fronts that the Secretary, (NOAA Administrator) Dr. (Jane) Lubchenco, and I deserve credit for,” said Mr. Schwaab. “Have we fixed all of the problems? No, some of these problems were decades or more in the making. But are we on a positive path forward? I think the answer is yes.”
[click here and listen to the complete interview]