In a letter dated December 14, 2010, NOAA Administrator Dr. Jane Lubchenco has replied to questions raised on November 8, 2010 by Congressman Walter Jones (R-North Carolina).
Congressman Jones had asked Dr. Lubchenco to: [1] explain under what specific law NOAA believes it has the authority to promulgate its Catch Share policy; [2] explain whether NOAA's million dollar contribution to the $2.2 million catch share grant fund came from asset forfeiture funds; and [3] explain whether it is NOAA's policy to ignore the will of the majority in fishing communities who oppose catch shares and rig fishery council processes to favor their implementation.
In her reply, Dr. Lubchenco stated that:
Catch shares are a tool for ending overfishing in a manner that provides the greatest flexibility for fishermen. Catch shares substitute market based measures for traditional "command and control" regulation that can be quite erroneous and ineffective. But since it is merely a tool, rather than a regulatory outcome, it is not the cause of the loss of employment in the fishing communities.
Management by catch shares is not a requirement, but an option that is available to the councils. All catch share programs were developed by participants of the fisheries through their respective regional fishery management council's deliberative and public processes.
In December 2009, NOAA released a draft policy on the voluntary use of catch share programs in fishery management plans The policy emphasizes that well-designed catch shares are an important fishery management tool, but that they may not be the best management option for every fishery.
NOAA does not require the use of catch share programs in any particular fishery, but provides the policy to help reduce impediments to the consideration, and possible adoption, of catch shares, and to inform and educate stakeholders about options and capabilities of catch share programs.
It is an unfortunate fact that a number of fisheries are presently losing jobs at sea and on land, and underperforming biologically and economically.
Properly designed catch share programs can change the job loss and underperformance of fisheries by helping fishermen stay on the water as fisheries rebuild and achieve long-term sustainability in the fish stocks and the economies that depend on them.
Adopting this policy is not ignoring the will of fishing communities, but is providing an opportunity for them to ensure continued access to and benefits from fishery resources for future generations.
Fishermen and fishing communities are facing many challenges as we rebuild fisheries in the current economic climate. However, catch share programs have a strong track record and, if well designed, provide an effective means of staying within targeted catch limits while improving the economic performance, social stability, and safety-at-sea of Federally managed fisheries.
The authority for catch shares derives from Section 303A of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSA) which authorizes limited access privilege programs (LAPPs). "Catch shares" is a generic term encompassing LAPPs and a variety of other exclusive quota programs, such as individual fishing quotas, community quota programs, and sector allocations.
NOAA's $1 million contribution to the National Fish and Wildlife Foundation's (NFWF) $2.2 million Fisheries Innovation Fund is from NOAA appropriated funds.
Read Dr. Lubchenco's reply to Congressman Jones.
Read the Congressman's original letter.