WASHINGTON, D.C. – Feb 2, 2011 – Senator John Kerry (D-Mass.), along with Representatives Barney Frank, Stephen F. Lynch, William R. Keating, and John F. Tierney, today asked the Obama Administration to revisit the case of Plymouth fisherman James Keding to ensure he’s given a fair catch quota.
“Jim is like any commercial fisherman in Massachusetts,” said Sen. Kerry. “He understands the rules and he’s trying to live by them. Bureaucracy should not get in the way of someone who is simply practicing his trade and providing for his family the same way he has for the past 25 years.
“It is inexplicable that NOAA has acknowledged that their system was flawed and subsequently updated their database to include both landing and permit history, yet they refuse to take responsibility for Mr. Keding’s current situation,” said Rep. Keating. “NOAA’s misinformation is the cause-in-fact of Mr. Keding’s economic loss for the past two years, and it continues to impede his ability to successfully pursue his livelihood. The just response would be to amend his allocation to the levels provided in the original Vessel Landing History. This is NOAA’s responsibility to fix, and I urge Secretary Locke to take this matter up immediately.”
The full text of the letter is below:
February 2, 2011
The Honorable Gary Locke
Secretary
U.S. Department of Commerce
1401 Constitution Ave., NW
Washington, DC 20230
Dear Secretary Locke:
We are writing to you on behalf of Plymouth, Massachusetts resident and commercial fisherman James Keding.
In April 2008, in anticipation of the adoption and implementation of Amendment 16, Mr. Keding decided to purchase a newer vessel. At that time, the seller of the vessel contacted National Marine Fisheries Service (NMFS) and requested the vessel’s landing history. On January 4, 2008, NMFS responded with a letter relaying the vessel’s landing history (the “Vessel Landing History Letter”) (See Attachment A). Relying on the data contained in this letter, Mr. Keding and the seller negotiated a sale price for the vessel, which was acquired by Mr. Keding and renamed the F/V Zachary Nicholas.
In August 2009, after the adoption of Amendment 16, Mr. Keding received a letter from NMFS containing his preliminary allocations, based on landing history, for fishing year 2010 (See Attachment B). Recognizing that these numbers did not correlate with the vessel history provided in the Vessel Landing History Letter, Mr. Kedig requested a review of the landings data. After several months, Mr. Keding received a reply letter that attempted to clarify the discrepancies with a confusing explanation of MRI transfers (See Attachment C). Given that Mr. Keding had relied upon NMFS’s Vessel Landing History Letter when he invested a large sum of money into a vessel that did not actually have the landing history set forth in the Letter, he urged NOAA to rectify the situation by changing his 2010 allocation to be consistent with the figures presented in the Vessel Landing History Letter.
On December 1, 2010, Mr. Keding received an email from Eric Schwaab reiterating NOAA’s refusal to revisit Mr. Keding’s allocation and explaining the discrepancy between the figures in the Vessel Landing History Letter and Mr. Keding’s 2010 allocation by stating the following:
In October 2004, the history associated with your vessel, F/V Zachary Nicholas, was retained by a previous owner and placed on another vessel, leaving your vessel with no landings history at that
time. In November 2004, the owner of the F/V Zachary Nicholas (or the F/V Danielle marie, as the vessel was called at that time). The vessel and this new landings history, including landings
beginning in November 2004 by the F/V Zachary Nicholas, was then sold to La Gata Fisheries, Inc. in may 2005, who, in turn, sold the vessel and its new fishing history to you in April 2008. Consequently, when you purchased the F/V Zachary Nicholas in April 2008, the F/V Zachary Nicholas’ fishing history prior to November 2004 was not included in the sale, because La Gata Fisheries, Inc. did not have the right to sell this prior fishing history to you.
In April 2008, in anticipation of the adoption and implementation of Amendment 16, Mr. Keding decided to purchase a newer vessel. At that time, the seller of the vessel contacted National Marine Fisheries Service (NMFS) and requested the vessel’s landing history. On January 4, 2008, NMFS responded with a letter relaying the vessel’s landing history (the “Vessel Landing History Letter”) (See Attachment A). Relying on the data contained in this letter, Mr. Keding and the seller negotiated a sale price for the vessel, which was acquired by Mr. Keding and renamed the F/V Zachary Nicholas.
In August 2009, after the adoption of Amendment 16, Mr. Keding received a letter from NMFS containing his preliminary allocations, based on landing history, for fishing year 2010 (See Attachment B). Recognizing that these numbers did not correlate with the vessel history provided in the Vessel Landing History Letter, Mr. Kedig requested a review of the landings data. After several months, Mr. Keding received a reply letter that attempted to clarify the discrepancies with a confusing explanation of MRI transfers (See Attachment C). Given that Mr. Keding had relied upon NMFS’s Vessel Landing History Letter when he invested a large sum of money into a vessel that did not actually have the landing history set forth in the Letter, he urged NOAA to rectify the situation by changing his 2010 allocation to be consistent with the figures presented in the Vessel Landing History Letter.
On December 1, 2010, Mr. Keding received an email from Eric Schwaab reiterating NOAA’s refusal to revisit Mr. Keding’s allocation and explaining the discrepancy between the figures in the Vessel Landing History Letter and Mr. Keding’s 2010 allocation by stating the following:
In October 2004, the history associated with your vessel, F/V Zachary Nicholas, was retained by a previous owner and placed on another vessel, leaving your vessel with no landings history at that time. In November 2004, the owner of the F/V Zachary Nicholas (or the F/V Danielle marie, as the vessel was called at that time). The vessel and this new landings history, including landings beginning in November 2004 by the F/V Zachary Nicholas, was then sold to La Gata Fisheries, Inc. in may 2005, who, in turn, sold the vessel and its new fishing history to you in April 2008. Consequently, when you purchased the F/V Zachary Nicholas in April 2008, the F/V Zachary Nicholas’ fishing history prior to November 2004 was not included in the sale, because La Gata Fisheries, Inc. did not have the right to sell this prior fishing history to you.
Subsequently, Mr. Keding contacted Senator Kerry’s office. A member of the Senator’s staff met with a team from NOAA in the Northeast Regional Office to discuss Mr. Keding’s case. Several weeks after this meeting, Senator Kerry’s office received an email once again reiterating that Mr. Keding’s allocation would not be changed to coincide with the Vessel Landing History Letter and that no monetary compensation could be offered to him.
The explanation provided by Mr. Schwaab, while relatively confusing, is accurate and accepted by all of the parties involved in the delineated transactions. However, the most troubling aspect of this situation is that the Vessel Landing History Letter, specifically requested by the seller to negotiate the sale of his boat to Mr. Keding, in no way sets forth any of the permit transfer history discussed by Mr. Schwaab in his email. To the contrary, the Vessel Landing History Letter presents figures from 2004 through 2007 that do not account for any of the permit transfer transactions.
While NOAA staff has conceded that its processes have changed so letters like the Vessel Landing History Letter will no longer be used without also providing underlying permit history transfer information, the agency has refused to accept any type of responsibility for the current financial devastation facing the Keding family that is directly linked to the Vessel Landing History Letter. In fact, NOAA staff members have consistently responded to Mr. Keding using phrases such as “misunderstanding about the applicable landings history” and “this is a very difficult issue for many to understand.” Mr. Keding is a skilled tradesman who has been part of the Massachusetts fishery for over twenty years and, as such, completely understands the complexity of permit history transfers. This is a case of misinformation- not misunderstanding.
We thank you for your attention to this very pressing matter and urge you to revisit Mr. Keding’s 2010 allocation to prevent the imminent economic devastation facing the Keding family.
Sincerely,
John Kerry Barney Frank
U.S. Senator Member of Congress
Stephen F. Lynch William R. Keating
Member of Congress Member of Congress
John F. Tierney
Member of Congress