Saving Seafood

Fishermen sue to block impending fishing monitor costs

December 10, 2015 — A group of East Coast fishermen and a government watchdog group are suing the federal government over a shift in the cost of at-sea fishing monitors that they say could further decimate an industry that is already reeling.

Of the 50 fishing boats in the Greater New Bedford harvesting sector, just three will be left if fishermen are forced to pay for their own federal monitors starting Jan. 1. Of those three boats working in Sector 13, only the “Buzzards Bay” out of New Bedford will definitely continue to fish, according to sector manager John Haran of Dartmouth.

With the cost of the monitors, and the other federal restrictions on fishing, Haran said fishing boat owners will be losing money on their trips, effectively having to pay crew members $1,000 apiece for their trip.

“It’s just a deeper and deeper hole from trip after trip that they can’t recover from,” said David Goethel, a Hampton, N.H.-based single boat owner. He said he the cost is a pretty serious burden for the remaining groundfishermen.

“I’ll tie my boat up the day you have to pay,” he said. “I simply will not be able to break even.”

Read the full story from the New Bedford Standard-Times

Kelly Ayotte Supports NH Fishermen Challenging At-Sea Monitoring Program

Editor’s Note: Cause of Action Executive Director Dan Epstein addressed Senator Ayotte’s press release by stating that “Cause of Action, on behalf of the fishermen we are representing in this matter, applaud Senator Ayotte, and thank her for her support. We appreciate any help we can get on educating the public about this unlawful regulation that would devastate the fishing industry and would put good, hard-working people out of work.”

WASHINGTON — December 10, 2015 — The following was released by the office of U.S. Senator Kelly Ayotte (R-N.H.):

U.S. Senator Kelly Ayotte (R-N.H.) today expressed support for New Hampshire fishermen who filed a lawsuit in federal court challenging the legality of the National Oceanic and Atmospheric Administration’s (NOAA’s) at-sea monitoring program:

“I support New Hampshire fishermen in their fight against NOAA’s at-sea monitoring fees. I continue to believe that NOAA should fully fund the at-sea monitoring program and Senator Shaheen and I have also called for a full investigation of the program. Going forward, I will continue to do everything in my power to ensure the survival of New Hampshire’s historic and iconic commercial fishing industry.”

In September, Ayotte introduced legislation to terminate NOAA’s independent third-party at-sea monitoring program for the Northeast Multispecies Fishery unless NOAA fully funds the program using funds within its existing budget. She also sent a letter, together with U.S. Senator Jeanne Shaheen (D-N.H.), to the Department of Commerce Acting Inspector General David Smith calling for a full investigation into NOAA’s at-sea monitoring program for the Northeast Multispecies Fishery, which includes New Hampshire’s coastal region.

Also in September, Ayotte hosted a roundtable discussion with NOAA officials, New Hampshire fishermen, and business leaders at the Pease Tradeport in Portsmouth. She invited NOAA officials to New Hampshire to hear directly from fishermen and business leaders about concerns with fishing regulations, federal catch-share limits, NOAA’s process for determining fish stocks, the imposition of fees for “at-sea monitors” on commercial fishing vessels, and NOAA’s implementation of the Magnuson-Stevens Act. Ayotte is a member of the Senate Commerce Committee and the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard.

Read the original release from the office of U.S. Senator Kelly Ayotte (R-N.H.)

New England Fishermen File Lawsuit Over At-Sea Monitoring Mandate

WASHINGTON — December 9, 2015 — The following was released by Cause of Action:

Today, Cause of Action is announcing that its clients, David Goethel, owner and operator of F/V Ellen Diane, a 44-foot fishing trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit entity comprised of over 20 groundfishermen located up and down the eastern seaboard, are suing the U.S. Department of Commerce over a program that would devastate much of the East Coast’s ground fish industry.

The complaint challenges the legality of a federal mandate requiring groundfishermen in the Northeast United States to not only carry National Oceanic and Atmospheric Administration (“NOAA”) enforcement contractors known as “at-sea monitors” on their vessels during fishing trips, but to soon begin paying out-of-pocket for the cost of these authorities. In addition to the complaint, the Plaintiffs have filed a motion for a preliminary injunction that would protect fishermen from having to bear the costs of the at-sea monitors.

“Fishing is my passion and its how I’ve made a living, but right now, I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay out of pocket for at-sea monitors,” said Goethel.  “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy. I’m grateful to Cause of Action for giving my industry a voice and helping us fight to preserve our way of life.”

“The fishermen in my sector are hard-working and compassionate folks who would give the shirts off of their backs to help a fellow fisherman in need,” said Northeast Fishery Sector 13 Manager John Haran. “Our sector will be effectively shut down if these fishermen are forced to pay, themselves, for the cost of at-sea monitors.”

“By the federal government’s own estimate, this unlawful regulation will be the death knell for much of what remains of a once-thriving ground fish industry that has been decimated by burdensome federal overreach,” said Cause of Action Executive Director Dan Epstein. “Americans, particularly those who enjoy good, quality seafood, should be extremely concerned that an industry that has been around since before our nation was even founded is slowly going extinct, having been left out at sea by a federal government that seems more interested in caving to special interests than protecting jobs, families and consumers everywhere.”

 

BACKGROUND: 

“Catch Shares” are a fishery management tool that dedicates a secure share of quota allowing fishermen or other entities to harvest a fixed amount of fish. Since 2010, the National Oceanic and Atmospheric Administration has coerced New England groundfishermen like Mr. Goethel into joining a form of catch shares known as “sectors,” where they share quota, and are forced to invite federally-contracted monitors onto their boats anytime they set out to sea. 

Although the agency has claimed in Federal court that “Sector membership is voluntary; permit holders need not join a sector in order to be able to fish,” the reality is they have designed the alternative, known as the “common pool” to be so prohibitive, that fisherman are forced to join a sector to remain economically viable in the groundfish industry. 

Catch Shares were promoted heavily by environmental groups and NOAA during the first years of the Obama Administration. Former NOAA Administrator Jane Lubchenco, asserted that “fisheries managed with catch share programs perform better than fisheries managed with traditional tools.” She promised that catch shares are “the best way for many fisheries to both meet [federal mandates] and have healthy, profitable fisheries that are sustainable.” However, the promises made by Federal appointees and environmentalists have not been fulfilled in New England.

Unfortunately, it’s about to get much worse for these struggling fishermen, who are already policed by the U.S. Coast Guard, the National Oceanic Atmospheric Administration (NOAA) and agents from the U.S. Fish and Wildlife Service. Some time in “early 2016,”, NOAA will begin forcing them to pay the costs associated with having at-sea monitors watch over their shoulders.

This unlawful mandate will cost Mr. Goethel and the groundfishermen of Sector 13 hundreds of dollars per day at sea, which, for many of them, is the difference between sinking and staying afloat. In fact, according to a study produced by NOAA, nearly 60% of the industry will be rendered unprofitable if it is required to pay out of pocket for these monitors. 

NOAA has implemented the industry funding requirement for monitoring despite the fact that:

  • The Secretary of Commerce declared the groundfish fishery an economic disaster in 2012.
  • The industry continues to struggle with the precipitous decline in groundfish profitability, as evidenced by a four-year low in groundfish revenue of $55.2 million for Fishing Year 2013 – a 33.6 percent decline from Fishing Year 2010.
  • Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors, which NOAA has refused to properly utilize and allocate in accordance with congressional intent.
  • NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and “minimize adverse economic impacts on such communities.”
  • As mentioned above, NOAA itself produced a study indicating that upwards of 60 percent of the groundfish industry could be rendered unprofitable if it is required to pay for at-sea monitors.

About David Goethel:

Mr. Goethel, who has been fishing for over 30 years, holds a B.S. in Biology from Boston University, and worked at the New England Aquarium as a research biologist before choosing to go back out to sea as a fisherman. Mr. Goethel served two terms on the New England Fishery Management Council, and has been an advisor to seven state and federal fishery management boards, including the Atlantic State Marine Fisheries Commission and the governor’s commission on marine biology. Mr. Goethel has been awarded the National Fisherman’s Highliners Award for his active involvement in cooperative efforts to research and manage marine fisheries resources, and is a member of the Yankee Fishermen’s Cooperative.

About Northeast Fishery Sector 13:

Northeast Fishery Sector 13 is a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. The number of groundfishing activity within the sector has declined sharply in the past five years due to poor science and overregulation, which has resulted in quota cuts. Click here for more information about the sector.

About Cause of Action:

Cause of Action is a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair.

MEDIA CONTACT: Geoff Holtzman, geoff.holtzman@causeofaction.org, 703-405-3511

Read the Complaint here

Read the Motion here

Watch a YouTube video to learn more about the case here

Fishermen File Suit in N.H. Against NOAA Over Observers

December 9, 2015 — The following is an excerpt from a story published today in the Boston Globe. The plaintiffs in this lawsuit are David Goethel, who has been a fisherman for over 30 years and has served two terms on the New England Fishery Management Council, and Northeast Sector 13, a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. They are represented in the lawsuit by Cause of Action, a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair. 

A group of fishermen in the region filed a lawsuit Wednesday against the National Oceanic and Atmospheric Administration in federal district court in Concord, N.H., arguing that the agency violated their rights by forcing them to pay for a controversial program that requires government-trained monitors on their vessels to observe their catch.

The fishermen, who in the coming weeks will be required to pay hundreds of dollars every time an observer accompanies them to sea, argue that the costs are too much to bear and will put many of them out of business. 

They’re asking the court to prevent the regulations from taking effect when the federal dollars now subsidizing the program run out early next year. 

“I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay,” said David Goethel, one of the plaintiffs, who for 30 years has been fishing for cod and other bottom-dwelling fish out of Hampton, N.H. “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy.” 

The lawsuit alleges that, by forcing fishermen to pay for the monitors, regulators have violated their Constitutional rights and that their actions are “arbitrary, capricious, and an abuse of discretion.”

It adds that agency officials are “acting in excess of any statutory authority granted by Congress” and “improperly infringing on Congress’s exclusive taxation authority.”

As a result, the fishermen claim, the government’s authority to require the payments are “void and unenforceable.”

Fishing officials acknowledge that requiring the fishermen to pay for the so-called “at-sea monitoring” program will increase the hardship of fishermen who are already struggling with major cuts to their quotas. A federal report this year found that the costs could cause 59 percent of the region’s groundfishing fleet to lose money.

But agency officials have said that NOAA no longer has the money to pay for the program, and that by law, the fishermen were supposed to start paying for the observers three years ago.

The government has defrayed the costs because of the industry’s financial turmoil, said John Bullard, the agency’s regional administrator. In February, the agency told fishermen they would have to start paying later this year.

Bullard declined to comment on the lawsuit.

“NOAA Fisheries does not discuss ongoing litigation,” he said. “Independent of any litigation, we appreciate the challenge that paying for at-sea monitoring raises for fishermen.”

He and others noted that the fishermen may end up paying less than they expect for the observer program.

Read the full story at the Boston Globe  

Read the Legal Memo here 

Read the Complaint here

Fishermen sue to block impending fishing monitor costs

December 10, 2015 — PORTLAND, Maine (AP) — A group of East Coast fishermen is suing the federal government over a shift in the cost of at-sea fishing monitors that they say will cripple the fishery during an already difficult time.

Officials with the National Oceanic and Atmospheric Administration have said money for monitors in New England groundfisheries such as cod and haddock will be gone by early 2016. The monitors are trained workers who collect data to help determine future quotas on certain species of commercial fish.

Under the new rules, fishermen will have to pay for the monitors, which can cost about $800 per trip. Fishermen have spoken out for months against shifting the cost, saying it will sink many who are already dealing with the dwindling New England cod population and choking cuts to quotas.

A group including more than 20 groundfishermen is suing the federal Department of Commerce, which includes NOAA, in federal court in New Hampshire with a contention that the cost shift is illegal. The group is from New Hampshire, Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia and it is seeking an injunction to protect fishermen from having to pay up.

Read the full story from the Associated Press at San Francisco Chronicle

 

Fishermen suing feds over legality of at-sea monitoring

December 10, 2015 — A New Hampshire fisherman has filed a lawsuit in federal court against the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration challenging the legality of mandated at-sea monitoring for the Northeast groundfish fleet.

David Goethel, owner of the 44-foot fishing trawler Ellen Diane out of Hampton, and Northeast Fishing Sector 13, are the named plaintiffs in the suit filed Wednesday in U.S. District Court in Concord, New Hampshire. The suit also has the backing of Cause of Action, a non-profit governmental watchdog organization.

The suit also names as defendants Commerce Secretary Penny Pritzker, NOAA Administrator Kathryn Sullivan, NOAA Assistant Administrator Eileen Sobeck and the National Marine Fisheries Service.

Last week, NOAA said it only has enough money left to fund at-sea monitoring until the end of 2015 and will shift the cost of the monitoring, estimated at $710 per vessel per monitoring day, to the fishermen sometime early in 2016.

The suit comes about a week after the New England Fishery Management Council voted to ease the level of monitoring on groundfish vessels from the current 24 percent of all trips to about 13 percent as a means of alleviating the economic impact of absorbing the at-sea monitoring costs.

Read the full story from the Gloucester Daily Times

 

NOAA to pay for at-sea monitors into 2016

December 3, 2015 — NOAA Fisheries again has extended the timetable for shifting the cost of at-sea monitoring to the groundfish industry, saying one of its monitoring contractors will have sufficient funds to continue paying for the program into 2016.

The National Oceanic and Atmospheric Administration announced on Wednesday that one of its three at-sea monitoring contractors has enough money remaining to fund at-sea monitoring for an estimated 250 to 300 sea days into 2016 and that the other two contractors will sub-contract to provide the necessary number of monitors to ensure full coverage for all groundfish vessels until the final allotment of funds runs out.

A sea day is defined as a calendar day which any monitor spends at sea on a covered fishing trip.

Teri Frady, a spokeswoman for NOAA, said approximately $200,000 remains for at-sea monitoring and the agency estimates that money will last until sometime early in 2016 — possibly around the end of February.

Read the full story at the Gloucester Daily Times

 

 

Federal funding for at-sea monitoring likely to extend into 2016

December 2, 2015 — The following was released by NOAA Fisheries:

We are pleased to announce an update on the status of federal funding for at-sea monitors in the New England Groundfish fishery. We have been informed that industry has facilitated an initial agreement among the three at-sea monitoring contract providers that may allow the remaining contract funds remaining to cover at-sea monitors after December 31 across the fleet, until those funds are expended, through sub-contracting arrangements. 

We have continued to track the expenditures of the three at-sea monitoring contract providers through the month of November and, as we anticipated, two of the contract providers have been on target to expend all monies by December 31, 2015. However, the third contract provider continues to spend funds at a slower rate because this company provides observers for only a small percent of the fleet (approximately 2% of the effort). 

Approximately $200K is currently available on this at-sea monitoring provider’s contract. This would allow for approximately 250 to 300 sea days of at-sea monitoring. (A “sea day” is a calendar day that the monitor spends at sea on a covered fishing trip. The rate at which those days will be used depends on how much fishing occurs.)

Following the use of the remaining 250-300 sea days of at-sea monitoring, the industry will be required to begin paying for all at-sea monitoring. We anticipate this occurring in early 2016. 

It is important to note that if the subcontracting arrangement the industry has negotiated is not effective, the transition of costs would occur as previously announced. NOAA cannot compel the companies to enter into such an arrangement, nor would it be equitable for NOAA to continue to cover only a portion of the fleet while requiring the rest of the fleet to pick up observer costs.

Money for New England fishing monitors to end by Dec. 31

November 10, 2015 — PORTLAND, Maine (AP) — Federal officials say money for some at sea fishing monitors will run out by Dec. 31 and the cost will then transition to industry.

The monitors are trained workers who collect data to help determine future quotas on certain fish. Officials with the National Oceanic and Atmospheric Administration say the money for monitors in New England fisheries such as cod and haddock is going to be gone by the end of the year.

Read the full story from the Associated Press at San Francisco Chronicle

 

Former NOAA official pushed regs that benefit his company

November 10, 2015 — The following is an excerpt from a story originally published today by Greenwire:

The head of a company that receives millions of dollars from the federal government to provide at-sea watchdogs has a long history of advocating for the strict regulations that now benefit his company.

Andrew Rosenberg wears many hats. He heads up the Center for Science and Democracy at the Union of Concerned Scientists. He is an unpaid affiliate professor of natural resources and the environment at the University of New Hampshire. He is a biologist with expertise in fisheries, once serving as the Northeast regional administrator for the National Marine Fisheries Service.

And he is the president of MRAG Americas, a consulting company that earns most of its gross revenue from NMFS.

Today, about 64 percent of the company’s gross revenue comes from providing at-sea monitors and observers to NMFS, an agency under the National Oceanic and Atmospheric Administration.

Most of that — 55 percent — comes from being the sole provider of observers for the Northeast Fisheries Observer Program (NEFOP). Those observers collect data on bycatch, or fish and mammals caught unintentionally.

But MRAG has become a sort of boogeyman among New England fishermen who face paying for the separate At-Sea Monitoring Program. MRAG is one of three companies NOAA pays for those monitors, who are put on fishing boats to ensure groundfish fishermen stay within their quotas.

In an industry with long memories, Rosenberg is known for his time at NOAA. Fishermen who remember him as a government official now bristle at the thought of paying his company for watchdogs they find unnecessary.

“It seems strange that somebody who was an assistant administrator for NOAA quits the government and turns around and has a multimillion-dollar contract for observers,” David Goethel, the operator of a 44-foot trawler called the Ellen Diane, said in a recent interview. “Fishermen think that it’s wrong.”

Rosenberg left NOAA in 2000 and bought into MRAG in 2006. He became president of the company in 2007. In a recent interview, he emphasized the time lapse between the two jobs — and denied that his company benefited from his NOAA contacts.

The contracting process was “very difficult and very rigid,” he said. The observer program is also not very profitable, he said, thanks to the costs of training and the unpredictability of how many observers will be used.

“It was a very long, drawn-out process, and in fact that’s caused us a lot of problems,” Rosenberg said, citing competition that brought down the contract’s worth. “So if I got a benefit from the inside track, it wasn’t obvious.”

Read the full story from Greenwire