Saving Seafood

MASSACHUSETTS: Fishing Commission to talk monitoring, seafood show

January 13, 2016 — The city’s Fisheries Commission is set to discuss a variety of issues dealing with at-sea monitoring at its meeting Thursday night at City Hall, as well as details of Gloucester’s participation in the upcoming international seafood show in Boston.

The commission is scheduled to meet at 7 in the conference room on the first floor.

The groundfish at-sea monitoring items involve a request from the Northeast Seafood Coalition for the commission to support the recent votes by the New England Fishery Management Council to reduce the level — and ultimately the cost — of at-sea monitoring coverage mandated for groundfish vessels.

NOAA Fisheries has said it has enough money to continue paying for the monitoring — at an estimated cost of $710 per day per vessel — into some point early in 2016 and then plans to shift those costs to the permit holders.

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

FISHY BUSINESS: Lack of fairness, parity at play in at-sea monitors

January 11, 2016 — The New England coast has been synonymous with fishing for over 400 years. Throughout those years, fishing as a occupation has been known for its dangers, independence and ingenuity to overcome challenges. These traits remain, especially the danger.

According to the U.S. Department of Labor, New England ground fishermen are 37 times more likely to die on the job than a police officer. When compared to the average American worker, the New England ground fisherman is 171 times more likely to be killed on the job.

It is sadly ironic that the U.S. government is likely to put the final nail in the coffin of the industry. As this column outlined in October, the National Oceanic and Atmospheric Administration’s insistence that ground fishermen fund the at-sea monitoring program is likely to put many of the fishing small businesses out of business. According to NOAA’s own report, the $710 per-day fee that the fishermen would need to fund to pay for the program will make 59 percent of the fishing enterprises unprofitable. So the men and women who literally risk life and limb to bring us fresh, local, sustainable seafood not only have the physical risks associated with their profession, but also the business risk of being driven out of business by NOAA’s unlawful regulation.

Read the full story from the Scituate Mariner

17 New England Legislators Write to Support Proposed At-Sea Monitoring Reforms

January 8, 2016 — A bipartisan group of New England legislators wrote Dr. Kathryn Sullivan, the Under Secretary of Commerce for Oceans and Atmosphere, in support of the New England Fishery Management Council’s proposed At-Sea Monitoring (ASM) reforms, and to thank NOAA Regional Administrator John Bullard for his support of the Council measure.
 
Sen. Ed Markey (D-MA) wrote a separate letter on the same subject to Under Secretary Sullivan.
 
The following is taken from a release by the Office of Congressman Seth Moulton (D-MA).

Today, seventeen members of the U.S. House and Senate representing New England sent a letter to Undersecretary Kathryn Sullivan at the National Oceanic and Atmospheric Administration (NOAA) to voice strong support for the New England Fishery Management Council’s (Council) proposed At Sea Monitoring (ASM) reforms. As costs are expected to shift to the fishing industry, regional House and Senate members committed to improving the science that is used to set ASM coverage rates and safeguarding cost efficiencies. The signatories of the letter are:

Sen. Kelly Ayotte (R-NH)
Sen. Richard Blumenthal (D-CT)
Sen. Susan Collins (R-ME)
Sen. Angus King (I-ME)
Sen. Christopher Murphy (D-CT)
Sen. Jack Reed (D-RI)
Sen. Jeanne Shaheen (D-NH)
Sen. Elizabeth Warren (D-MA)
Sen. Sheldon Whitehouse (D-RI)

Rep. Michael Capuano (D-MA)
Rep. Joe Courtney (D-CT)
Rep. Frank Guinta (R-NH)
Rep. William Keating (D-MA)
Rep. Stephen Lynch (D-MA)
Rep. Seth Moulton (D-MA)
Rep. Chellie Pingree (D-ME)
Rep. Bruce Poliquin (R-ME)

“I want to thank Administrator Bullard and the Council for taking these steps to improve the At Sea Monitoring program,” said Congressman Seth Moulton (D-MA). “At a time when our fishing industry is already facing serious financial hardship, it’s critical that we implement systems that both enhance sustainable management and ensure the long-term economic viability of the fishery.”

The New England fishing community, including members of the Northeast Seafood Coalition, also expressed their support for the Council’s proposed reforms.

“It is time to use the wealth of data generated over these years to design an ASM program that is both effective and cost efficient,” said Jackie Odell, Executive Director of the Northeast Seafood Coalition. “Northeast Seafood Coalition (NSC) continues to fully support Congressional efforts to offset costs of the ASM program to the commercial groundfish fishermen, but evolving the coverage-rate methodology at this juncture is a critical step forward.”

If adopted, the Council’s reforms would be implemented for fishing year 2016.

“NSC truly appreciates the exceptional region-wide support from our Congressional representatives for the policy and analytical improvements to the ASM program recently adopted by the New England Fishery Management Council with the support of GARFO Administrator John Bullard,” said Odell. “We are particularly thankful to Congressman Moulton for his leadership in spearheading this very important letter to NOAA Administrator Sullivan,” she said.

Read the letter here

Read the letter from Sen. Ed Markey here

Ohio Gov. John Kasich to meet with N.H. fishermen

January 5, 2016 — SEABROOK, N.H. — Republican presidential candidate John Kasich will meet with New Hampshire fishermen Friday to discuss federal regulations some say will kill the Granite State’s fishing industry.

The Ohio governor will meet privately with commercial and recreational fishermen and industry members from 3 to 4 p.m. at Yankee Fisherman’s Cooperative after he holds a noon town hall event at the Lane Memorial Library in Hampton.

Ellen Goethel, a Hampton marine biologist and wife of Hampton commercial fisherman David Goethel, said in an email that the local fishing industry is not endorsing any particular candidate.

Read the full story at Portsmouth Herald

MASSACHUSETTS: Northeast Seafood Coalition seeks support for monitoring plan

January 1, 2015 — The Northeast Seafood Coalition is seeking the city Fisheries Commission’s support for the New England Fishery Management Council’s recent vote to reduce the mandated level of at-sea monitoring for groundfish boats when the 2016 fishing season opens May 1.

Jackie Odell, NSC executive director, said she will make a formal request for a letter of support from the commission at its yet-to-be scheduled January meeting to begin building public and industry support for the actions the council took at its December meetings in Portland, Maine.

With the prospect of groundfishermen forced to assume the hefty cost of at-sea monitoring at some point within the first quarter of 2016, the council voted to reduce the level of mandated monitoring from approximately 24 percent of all groundfish trips to about 13 percent to help ease the additional financial burden looming on the horizon.

Read the full story at Gloucester Daily Times

 

 

DAVID GOETHEL: Fishermen on the Hook to Pay for Their Own Regulators

December 27, 2015 — Few professions are as significant to New England’s economy and history as fishing. Yet the ranks of groundfish fishermen have dwindled so much that we’re now an endangered species. The causes are many—but the one now threatening us with extinction is the federal government. Along with one other plaintiff, I’m suing the National Oceanic and Atmospheric Administration to stop it from sinking New England’s groundfish industry for good.

Groundfish include cod, haddock and 11 other common bottom-dwelling species. After years of dwindling stocks, in 2012 the U.S. Department of Commerce issued a disaster declaration for groundfish territory off the coast of New England. Over the past four years my cod quota—my bread and butter—plummeted from 60,000 pounds to 3,700 this year. I caught my limit in four days in June.

Shifting ocean patterns have certainly contributed to our struggles, but regulators are a separate anchor altogether. Groundfish fishermen are organized into a patchwork of 15 sectors, i.e., government-designed cooperative organizations. We operate under at least seven overlapping federal and state entities and programs, all of which have their own regulatory nets.

Read the full opinion piece at the Wall Street Journal

 

DAVID GOETHEL: Fishermen on the Hook to Pay for Their Own Regulators

December 28, 2015 — The following is a excerpt from an opinion piece published today in The Wall Street Journal. Mr. Goethel, a groundfish fisherman out of Hampton, N.H., writes that he is suing the National Oceanic and Atmospheric Administration “to stop it from sinking New England’s groundfish industry for good.” He is represented by Cause of Action, a government watchdog group based in Washington, D.C.

Mr. Goethel writes: “The courts are the industry’s last chance. This month, along with the Northeast Fishery Sector 13, I filed a federal lawsuit- Goethel v. Pritzker. Our claim: Neither NOAA nor its subsidiary, the National Marine Fisheries Service, has the authority to charge groundfishermen for at-sea monitors. Even if Congress had granted this authority, they would have had to follow the process called for in the Administrative Procedure Act and other statutes-which they haven’t.  A bipartisan group of senators, including Susan Collins (R., Maine) and Elizabeth Warren (D., Mass.), highlighted this troubling fact in April. Writing to the assistant administrator of NOAA Fisheries, they stated NOAA ‘has chosen an interpretation of the FY15 report language that is inconsistent with congressional intent, and consequently, that very high [at-sea monitoring] costs will soon unreasonably burden already struggling members of the fishing industry in the Northeast.'”

Few professions are as significant to New England’s economy and history as fishing. Yet the ranks of groundfish fishermen have dwindled so much that we’re now an endangered species. The causes are many-but the one now threatening us with extinction is the federal government. Along with one other plaintiff, I’m suing the National Oceanic and Atmospheric Administration to stop it from sinking New England’s groundfish industry for good.

Groundfish include cod, haddock and 11 other common bottom-dwelling species. After years of dwindling stocks, in 2012 the U.S. Department of Commerce issued a disaster declaration for groundfish territory off the coast of New England. Over the past four years my cod quota-my bread and butter-plummeted from 60,000 pounds to 3,700 this year. I caught my limit in four days in June.

Shifting ocean patterns have certainly contributed to our struggles, but regulators are a separate anchor altogether. Groundfish fishermen are organized into a patchwork of 15 sectors, i.e., government-designed cooperative organizations. We operate under at least seven overlapping federal and state entities and programs, all of which have their own regulatory nets.

As if warrantless searches from the Coast Guard, catch inspections upon returning to port, and satellite tracking weren’t enough, at-sea monitors also accompany us on roughly one in five randomly selected fishing trips. They are hired by three for-profit companies-one of which is led by the former NOAA official who designed the monitor program. They follow us around and take notes on everything we do. That includes measuring our nets, measuring fish we bring in and those we throw back, and recording our expenses down to how much we spent on lunch.

The program is unnecessary given the heavy regulation that exists. And last month NOAA informed us that, beginning on Jan. 1, groundfish fishermen must pay an estimated $710 a day when a monitor is present. That fee covers the monitors’ training, mileage to and from the fisherman’s boat, supervisor salaries, data processes and all other administrative costs. It also covers a set profit margin for the three companies providing the monitors. What those margins are, neither NOAA nor the companies have disclosed.

Read the full opinion piece at The Wall Street Journal

Cause of Action’s Stephen Schwartz Discusses At-Sea Monitoring Lawsuit on WBSM

December 16, 2015 — WASHINGTON (Saving Seafood) — Last Saturday, December 12, on the Ken Pittman Show on WBSM in New Bedford, Massachusetts, Cause of Action Counselor Stephen Schwartz, discussed a lawsuit that the organization filed against NOAA for their at-sea monitoring program. During the interview, Mr. Schwartz explained that the federal requirement that fishermen fund at-sea-monitors is overly intrusive and too burdensome for the fishing industry.

“The federal government is making a huge imposition even when top agencies and regional administrators agree that fishermen can’t afford to fund the observers, and more than half of them would go out of business,” he said.

Mr. Schwartz said that most federal observers do not have the same expertise that fishermen do – fishermen who have made their living on New England waters often in inclement conditions – and present a danger to the fishermen by taking up space on the boats, and preventing them from efficiently collecting data on fish stocks.

“If fishermen were left to their own devices, they would actually protect fish stocks and be more productive,” he said.

Mr. Schwartz and Cause of Action are arguing that NOAA does not have the power to require that the industry fund the observer program, and that the principles of constitutional law involved have the potential to restructure fishing industry regulations in order to not place the burden solely on fishermen.

Listen to the interview here

Lawsuit plaintiffs: Groundfish observer funding rule will ‘basically destroy industry overnight’

December 11, 2015 — A lawyer representing fishermen suing the federal government over a forthcoming requirement that they pay for the cost of bringing at-sea observers on their boats estimates that “more than half” of the US east coast groundfishermen will go out of business if the new rule takes effect.

Speaking to reporters on Dec. 10 about a lawsuit filed that day against the National Oceanic Atmospheric Administration (NOAA) and the US Department of Commerce, attorney Stephen Schwartz estimated that the rule change would “basically destroy the industry overnight”.

“That’s the fishermen with downstream effects on the crews, on buyers and sellers of seafood, on restaurants with kind of rippling effects throughout the entire economy of New England,” he said.

Schwartz works for Cause of Action, a non-profit Washington, D.C.-based legal advocacy group that is representing New Hampshire groundfisherman

David Goethel as well as the non-profit industry group Sector XIII  filed suit in federal court alleging that a NOAA requirement that groundfishermen begin paying for the cost of at-sea observers on Jan. 1 — a cost that NOAA has previously borne itself — violates existing federal laws including the Magnuson-Stevens Act.

According to Sector XIII manager John Haran, the at-sea observer funding rule will accelerate the decline of the east coast groundfish industry, which has already been in decline for years, he said.

Goethel, who operates a small dayboat from New Hampshire waters, agreed.

“We can not afford to pay for this. It’s that’s simple. I would ask everybody on the call, could you afford to pay $710 to pay for someone to ride to work with you everyday. We can’t either,” Goethel said.

Haran added fishermen are not clear why the cost for the at-sea observers is so high.

“The actual observer, the person on the boat gets paid between $15 and $20 per hour. How they get to $710 from there is one of the great mysteries of this whole program,” he said. “The fishermen are expected to pay for the observers’ training, for observer company overhead, for observer company profit even though we don’t know what that profit is.”

NOAA has defended the program arguing that it needs the information provided by the observers, but doesn’t have the resources to fund it itself. 

Read the full story at Undercurrent News