Saving Seafood

Federal judge denies fisherman’s motion to block shift of monitoring costs to fishermen

January 28, 2016 —  A federal judge has denied a New Hampshire fisherman’s motion for a preliminary injunction that would have halted NOAA Fisheries’ plan to shift the cost of the at-sea monitoring program to fishermen.

U.S. District Judge Joseph J. Laplante, sitting in Concord, New Hampshire, ruled Wednesday that New Hampshire fisherman David Goethel’s claims for injunctive relief in his suit against the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration are barred by the Magnuson-Stevens Act.

“Accordingly, plaintiffs’ motion for preliminary injunction is denied,” Laplante wrote in his ruling.

Goethel, owner of the 44-foot fishing trawler Ellen Diane out of Hampton, and Northeast Fishing Sector 13 are suing the federal agencies and administrators, claiming NOAA’s plans to shift the cost of at-sea monitoring (ASM) to permit holders is illegal and will put fishermen out of business.

Saving Seafood Editor’s Note: The following clarification was provided by David Goethel, a primary plaintiff in the lawsuit:

The Judge gave a narrow preliminary ruling that denied the availability of a particular kind of preliminary injunctive relief. He ruled that he could not issue an injunction to stop the National Marine Fisheries Service from charging the fishermen for At-Sea-monitoring until the merits of the case were decided. The court said nothing about the merits of the case — specifically, nothing at all about the legality of industry funding for ASM — and we are working to get the merits decision as quickly as possible. Meanwhile the Court denied the government’s motion to transfer the case to Boston, Massachusetts, so we can hope that he will want to reach the merits soon.  We are still fighting to prevent industry funding from kicking in. A court date has not been set for a hearing on the merits of our case, but the Judge did set a date for the government to provide the administrative record and honor a Freedom of Information request for all documents and emails written in regards to at-sea monitoring.

Read the full story at Gloucester Daily Times

 

 

Rep. Seth Moulton unites region on monitoring

January 11, 2016 — U.S. Rep. Seth Moulton has expanded efforts to reform at-sea monitoring for groundfishing vessels, corralling a regional and bipartisan group of federal legislators to urge NOAA to accept changes already approved by the New England Fisheries Management Council and supported by NOAA Regional Administrator John Bullard.

Moulton and 16 other members of Congress — totaling 12 Democrats, four Republicans and one Independent from five New England states — wrote to NOAA Administrator Kathleen D. Sullivan expressing support for the council motions approved in December and again voicing their opposition to the National Oceanic and Atmospheric Administration’s plans to transfer at-sea monitoring (ASM) costs to permit holders sometime early this year.

Those costs are estimated at about $710 per day per vessel with monitor coverage.

“We have requested that your agency utilize authority provided by Congress through the Fiscal Year 2015 Appropriations process to cover such expenses in fishing year 2015 and continue to strongly support the deferment of ASM costs to the industry until these program reforms are fully implemented,” the legislators wrote to Sullivan.

The letter, sent Friday, represents the broadest congressional reach on the issue to date and reflects Moulton’s emergence as a leading congressional ally in the fishing industry’s effort to recast the monitoring program into a more efficient and economical operation.

“We felt we needed to educate a broader group of leaders across the region and here in Washington,” Moulton, the first-term Democrat representing Massachusetts’ Sixth Congressional District that includes Cape Ann, said Friday of the monthlong work that went into drafting the letter and convincing the other legislators to sign on.

Read the full story at Gloucester Daily Times