Saving Seafood

Atlantic Fishermen in NCLA Video Explain the Need to Reel in NOAA’s at-Sea Monitor Rule

August 2, 2021 — The following was released by the New Civil Liberties Alliance:

The New Civil Liberties Alliance released a video today outlining why it is unconstitutional to force Atlantic herring fishermen to fund government-mandated monitors at sea. It is “the equivalent of having a cop in your car who’s policing you while you drive, and you have to pay his salary out of your own pocket,” said Meghan Lapp, Fisheries Liaison & General Manager for Seafreeze, Ltd. about the rule being challenged in Relentless Inc., et al. v. U.S. Dept. of Commerce, et al.

The Relentless Inc., Huntress Inc., and Seafreeze Fleet LLC are small businesses of high-capacity freezer trawlers incorporated in Rhode Island and Massachusetts that have commercially fished Atlantic herring as well as Loligo and Illex squids, butterfish, and Atlantic Mackerel for more than thirty years. The rule penalizes NCLA’s clients unfairly by making them pay for herring monitors even when fishing for other catches.

NCLA, a nonpartisan, nonprofit civil rights group, represents these private fishing companies in their lawsuit against the Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NMFS), and the New England Fishery Management Council (NEFMC). The at-sea monitor mandate, issued in 2018, is unlawfully “industry-funded.” These agencies do not have statutory authority from Congress to order additional industry funding for a program that the agencies think is underfunded, but they have issued a rule that threatens the livelihoods of fishermen regardless.

Earlier this week, NCLA presented oral argument before the U.S. District Court for the District of Rhode Island. Both sides have moved for summary judgment.

Read the full release here

Fishermen lose challenge to rule requiring at-sea monitors

June 16, 2021 — A federal judge in Washington D.C. on Tuesday denied the bid of New Jersey-based herring fishermen who sued the National Marine Fisheries Service (NMFS) last year to block a new regulation that will require them to pay for third-party “at-sea monitors” who will survey by-catch.

U.S. District Judge Emmet Sullivan ruled that the agency had not acted in violation of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) when it approved in February 2020 the rule that the plaintiffs said could “destroy their iconic way of life” by cutting by 20% their profits from commercially fishing herring along the U.S. Atlantic coast.

About half-a-dozen small fishing vessel operators, including the Loper Bright Enterprise, brought the lawsuit last year.

Ryan Mulvey, an attorney for the plaintiffs with the Cause of Action Institute, an advocacy group favoring limited government, said he was disappointed with the decision. “The federal government has overextended its regulatory power far beyond what Congress authorized,” he said.

Read the full story at Reuters

ASMFC Seeks Proposals to Conduct Components of the At-Sea Monitoring Training Program

April 19, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission, in cooperation with the National Marine Fisheries Service’s (NMFS) Northeast Fisheries Science Center (NEFSC), is issuing a Request for Proposal (RFP) to conduct components of the At-Sea Monitoring (ASM) Training Program for the NEFSC.

NMFS is required to collect biological and compliance data aboard U.S. domestic fishing vessels, data which cannot be obtained at the dock or on research vessels. Specifically, NMFS observer data is essential to reliably estimating catch and bycatch, and in helping to implement programs to reduce bycatch. A sharp increase to the coverage rate (up to 100%) for the Northeast Multispecies Fishery in Fishing Year 2022 and observer attrition during the 2020 fishing year have resulted in the need for approximately 140 new at-sea monitors.

The Awardee shall provide and retain the necessary qualified personnel, materials, equipment, services, and facilities to conduct components of the ASM training for NEFSC. The Awardee shall conduct approximately 4-6 trainings per year. The training will be conducted as a collaborative effort between NMFS and the Awardee; where some components of the training will be conducted by the Awardee and some training components will be conducted by NMFS.

Applicants seeking to apply to the RFP must submit, as a single file, an electronic proposal by email no later than 5:00 p.m. EST on May 19, 2021. Please see the RFP for complete proposal details, qualifying requirements, and submission instructions. The RFP is available at http://www.asmfc.org/files/RFPs/AtSeaMonitorTrainingRFP_April2021.pdf.

For more information, please contact Deke Tompkins at dtompkins@asmfc.org or 313.303.2623.

NOAA to reimburse monitoring costs

April 13, 2021 — NOAA Fisheries has set its electronic monitoring reimbursement policy for Northeast groundfish sector vessels in the 2021 fishing season and is urging fishermen to purchase and install the systems now while federal funds are available.

“For fishing year 2021, groundfish sector vessels may use either electronic monitoring or human at-sea monitors to meet the monitoring requirements, provided the sector has a corresponding monitoring program as part of its approved operations plan,” the agency stated. “Vessels that choose to use electronic monitoring will be eligible for reimbursement, while government funding is available.”

The agency said sector vessels employing electronic monitoring should submit receipts for reimbursable costs to the Atlantic States Marine Fisheries Commission, using the same process they use for human at-sea monitoring reimbursements.

It said costs eligible for reimbursement largely fall within six areas: equipment, technical support, video review, operational costs, training and COVID-19 protocols.

The equipment category covers the purchase and installation of equipment necessary “to outfit a vessel with one fully functioning electronic monitoring system.”

Read the full story at the Gloucester Daily Times

Lawmakers Oppose 100% At-Sea Monitoring Plan for Fishing Boats

September 4, 2020 — In a new letter to regulators, a group of Massachusetts lawmakers say a proposal to require at-sea monitors on every commercial groundfishing boat for every trip could put independent fleets and vessel owners out of business.

“We should be supporting this industry. Not drowning it in burdensome increased costs and regulations. I stand with our local fishermen, and urge the Council to reject this ill-advised proposal,” said Senator Mark Montigny today.

The New England Fisheries Management Council is considering Amendment 23 to the Northeast Multispecies Fishery Management Plan. It would require groundfishing vessels to implement 100-percent at-sea monitoring or a blend of at-sea and electronic monitoring. The goal is to improve catch accountability, but fishermen argue the proposal would be too costly without accomplishing the stated goal.

Since the commercial groundfishery was declared a federal disaster in 2012, revenues have declined, the letter states. Businesses do not have the revenues to absorb the added costs. Piling more costs on the industry at this time will favor larger vessels and those with larger catch allocations, forcing smaller vessel owners out of business, the lawmakers argue.

Read the full story at WBSM

Fishermen, state leaders push back against at-sea monitoring proposal

September 3, 2020 — Senator Mark Montigny (D-New Bedford) has joined local fishermen and his legislative colleagues to push back against a proposed policy shift that would require 100% at-sea monitoring of commercial groundfish vessels.

The New England Fisheries Management Council (NEFMC) is considering Amendment 23 to the Northeast Multispecies Fishery Management Plan (FMP) that would require groundfishing vessels to implement 100% at-sea monitoring or a blended approach of at-sea monitoring and electronic monitoring.

The proposed change seeks to improve catch accountability in the fishery, but fishermen argue this particular proposal is overly burdensome and unnecessary to achieve the stated goal, a press release from Montigny’s office states.

New Bedford Mayor Jon Mitchell and Gloucester Mayor Sefatia Romeo Theken also co-signed a letter to the New England Fisheries Management Council opposing Amendment 23 to Northeast Multispecies Fishery Management Plan.

Read the full story at the New Bedford Standard-Times

At-sea monitor meeting to be held online, not in person

September 2, 2020 — The New England Fishery Management Council dispensed with the suspense on Monday when it announced its September meeting, initially set for Gloucester, will be conducted online via webinar.

The three-day meeting, scheduled for Sept. 29 to  Oct. 1, is expected to include the council’s final action on the highly contentious measure — Amendment 23 — to establish future monitoring levels for sector-based vessels in the Northeast multispecies groundfish fishery. The council hopes to post the remainder of the agenda by the end of this week.

The September meeting was scheduled for the Beauport Hotel Gloucester on Commercial Street. But that was before the dawning of the COVID-19 pandemic and subsequent indoor and outdoor gathering restrictions that have forced all but one of the council’s public meetings and hearings online.

The current Massachusetts indoor gathering restrictions call for no more than eight individuals per 1,000 square feet of space, with the gathering not to exceed 25 individuals in any single enclosed space.

Those restrictions would have limited an in-person meeting to the council’s 18 voting members, a handful of non-voting members and legal counsel. The public and even some council staff presenters would have been forced to participate via online webinar.

Read the full story at the Gloucester Daily Times

Multiple Groups, Politicians Call on NOAA to Continue Waiver of At-Sea Observers

August 18, 2020 — At-sea observers in the Northeast were reinstated by NOAA on August 14— but multiple groups and politicians are urging the government agency to reconsider their decision.

Observer coverage has been waived for months due to health concerns related to the coronavirus pandemic. However, NOAA Fisheries Assistant Administrator Chris Oliver announced late last month that observer coverage in the Northeast would resume on August 14.

Read the full story at Seafood News

Questions remain as monitors return to boats

August 17, 2020 — NOAA Fisheries will redeploy at-sea monitors and other observers aboard Northeast fishing vessels today for the first time since March despite continued health and safety concerns from fishing stakeholders.

The federal fisheries manager first excused the vessels from carrying all observers with a March 20 waiver that it extended six times because of pandemic-related health and safety concerns.

During a Wednesday webinar, as NOAA Fisheries officials discussed how they hope to complete the deployment safely, it became clear there would be no seventh extension despite the tenacity of the pandemic.

It was also clear that the path toward redeployment still has some murky stretches, which NOAA officials quickly conceded.

“There are a lot of unknowns,” said Katherine McArdle, branch chief for the agency’s Fisheries Sampling Branch. “We’re going into this with a very sensitive and gentle manner.”

Read the full story at the Gloucester Daily Times

MAFMC: Due to COVID-19, Redeployed Observer Program Isn’t Safe

August 17, 2020 — The following letter was written by Mid-Atlantic Fishery Management Council Administrators to the National Marine Fisheries Service:

On behalf of the Mid-Atlantic Fishery Management Council (Council), I am writing to express our deep concern about the plan to redeploy observers on vessels in the Greater Atlantic Region on August 14, 2020. Given the continued transmission of the COVID-19 virus, we do not believe the observer program can be safely operated at this time.

According to the Centers for Disease Control, when we last communicated on this issue (June 23, 2020), the 7-day new case average was under 30,000 new cases per day. 1 On August 11, 2020, the national 7-day average of new cases was over 52,000 new cases per day. 1 Given the ongoing community transmission of the virus and the particularly high risk of transmission in the close quarters onboard a vessel, we believe that deploying observers on fishing vessels at this time poses an unwarranted risk to fishermen, observers, and associated communities.

During our August 2020 Meeting the Council discussed these concerns and approved a motion to recommend that you extend the observer/monitor waiver granted to vessels with Greater Atlantic Region fishing permits through December 31, 2020. This recommendation aligns with the Council’s position regarding in-person meetings, which prioritizes the health and safety of participants. It also appears to align with NOAA Fisheries’ recent decision to cancel several at-sea surveys “due to the uncertainties created by the COVID-19 pandemic and the unique challenges those are creating for NOAA Fisheries.”

In evaluating when and how to redeploy observers, we encourage you to consider not only the health risks to individuals onboard the fishing vessels but also the potential lost wages/revenues and liabilities if a vessel cannot operate due to an infection caused by an observer. We still have not yet received an official response to the following question posed to you in our June 23, 2020 letter: “Given the known risks of the ongoing pandemic, is NOAA planning to assume liability for the health costs and other legal or financial ramifications resulting from an infection transmitted by an observer?” (The same question would apply to an infection transmitted to an observer.)

Read the full release here