Saving Seafood

DON CUDDY: Fishermen fight back against government overreach

January 28, 2016 — The commercial fishermen suing the federal government over the cost of at-sea monitors had their day in federal court in Concord, New Hampshire, last Thursday. At issue is the notice to fishermen that they will henceforth be required by the National Marine Fisheries Service to pay out of pocket for the at-sea monitors that accompany them on fishing trips, an expense previously absorbed within the annual budget of the National Oceanic and Atmospheric Administration. That agency contends that it no longer has the money to fund the program, although these monitors act as agents for the government, and it insists that the boats must now assume payment. Fishermen believe that the high cost of monitors, as much as $710 daily, is excessive, will force many to tie up their boats and result in “irreparable harm.” They also believe that, irrespective of the cost, having at-sea monitors on their boats is a government mandate and consequently should be funded by the government.

I attended the hearing with John Haran of Dartmouth, manager of Northeast Fisheries Sector XIII which includes 32 fishermen. Sector XIII is a plaintiff in the case along with New Hampshire commercial fisherman Dave Goethel.

The all-day hearing concluded without a ruling. Federal District Judge Joseph Laplante will issue a decision in his own time after deliberating on a legal case with potential ramifications not only for the fishing industry but with respect to any government agency’s attempt to increase its own power.

Steve Schwartz, an attorney with Cause of Action, a nonprofit based in Washington, D.C., that focuses on government overreach, represents the fishermen. He told the court that the scope of an agency’s power is determined exclusively by Congress and that NOAA lacks the statutory authority to require fishermen to pay for monitors. If NOAA can force fishermen to start writing checks, “it would open the door to a whole panoply of ways that agencies can expand their powers,” he said.

Read the full opinion piece at New Bedford Standard Times

 

Ohio Gov. Kasich and the New Hampshire Fishermen

January 25, 2016 — When John Kasich tells you that he is a skilled executive, believe him.

Governor Kasich met with several New Hampshire fishermen on 8 January.  David Goethel, owner and captain of the 44-foot fishing trawler Ellen Diane, is suing NOAA (the National Oceanic and Atmospheric Administration) for bureaucratic overreach and has explained his position in a Wall Street Journal op-ed.  Governor Kasich read the op-ed and as a result requested the meeting.

This was not a campaign stop.  Nobody took names for a mailing list; nobody handed out bumper stickers.  The governor was there to learn and to help.

The impromptu get-together was held indoors in the fish-processing bay at the Yankee Fisherman’s Cooperative in Seabrook, N.H.  The aroma of fish guts filled the air, reminding me of my school-day summers working on the fish pier in Gloucester.

There were several fishermen present – a small several, as years of government assistance have driven many from the business.  The governor listened to them as they expanded their complaints beyond the scope of Mr. Goethel’s lawsuit.  I couldn’t hear well, as the non-campaign stop lacked an audio system.

After a few minutes, Governor Kasich said, “OK, can I speak now?” and then went on in a loud but conversational tone to outline what needs doing.  First and foremost, he said, get your congressional representatives involved.  Have them write letters, forceful letters, to the executive branch.  Get the powerful congressional leaders involved, Republicans and Democrats, like Senator Schumer among the latter group.

The fishermen told the governor that there had been several congressional letters in their behalf; all apparently fell on deaf ears.  There are currently two letters relative to Mr. Geothel’s lawsuit sent to Dr. Sullivan, the head of NOAA, in early January.  One was signed by nine senators and several House members from the five seacoast New England states.  The other was from the tenth senator of the region, the obsequious Edward Markey.

Read the full story at American Thinker

NOAA scientist says federal fish counts suffer from ‘perception issue’

January 22, 2016 — WASHINGTON — It’s not easy counting fish. Just ask the people who have to do it.

The National Oceanic and Atmospheric Administration’s fisheries division is responsible for estimating the health and size of dozens of fish stocks in U.S. waters, measurements that help eight regional councils determine which fish commercial and recreational anglers are allowed to catch.

The accuracy of NOAA’s counts is at the heart of a national debate over whether to loosen current catch limits.

NOAA defends the data, obtained through a combination of sampling methods and statistical models. But recreational fishermen and their backers on Capitol Hill, who want to loosen the catch limits, claim they’re based on “flawed science.”

The debate comes as Congress considers reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act, the law that governs management of federal fisheries.

Richard Merrick, NOAA’s chief fisheries scientist, believes the fish counts are “statistically robust” but acknowledges NOAA could do a better job explaining how it conducts the counts and building trust among stakeholders.

Merrick recently talked with USA TODAY about why NOAA’s counts are under attack and options for improving them.

Read the full story at USA Today

U.S. to pull out of Pacific tuna treaty

January 19, 2016 — The U.S. State Department has announced its intention to pull out of a nearly 30-year treaty that allowed American boats to fish tuna in a vast area of the Pacific Ocean.

Prompted by some U.S. boats saying they could not pay fees to a cluster of Pacific island nations, the 37-boat fleet — many with ties to San Diego — were not issued licenses at the start of 2016.

The department gave formal notice this week to island nations in the South Pacific Tuna Treaty that it planned to pull out of the world’s biggest tuna fishery.

Pressure on the island nations will likely build as Rep. Duncan Hunter, R-Alpine, plans to introduce legislation in Congress at the end of this week to cut $21 million in foreign aid to 15 of the countries in the treaty.

Brian Hallman, executive director of the San Diego-based American Tunaboat Association, said the treaty has one year to expire and he was hopeful a new deal could be worked out.

“During that year, I believe there will be efforts and negotiations to try to get a restructured treaty,” Hallman said Tuesday, “and we support that.”

He said it was hard to say how many American jobs would be lost because many local fishing captains can transfer to boats in the eastern Pacific Ocean. However, he said the U.S. territory of American Samoa employs thousands who work in canneries and other jobs related to the U.S. fleet.

Read the full story at The San Diego Union-Tribune

 

Former congressman to head Louisiana fisheries

January 19, 2016 — Louisiana’s Department of Wildlife and Fisheries, which governs commercial and recreational fishing in the state, got a new boss in January. Charlie Melancon, a former member of the U.S. House of Representatives and state legislator, was appointed to the job by the state’s new governor, John Bel Edwards.

Although much of his non-political work in the past has centered on the state’s sugar cane industry, Melancon said he is confident that other experience, including working closely with fishermen when in Congress, has prepared him well for this new challenge.

“My experience is in sitting down at the table and working through problems, that is what I have always brought,” Melancon said. “Whether it’s dating or a marriage or a political relationship, and that is what I have always brought, sitting down and compromising and finding common ground.”

Read the full story at National Fisherman

 

Gloucester Daily Times: Finding common ground on monitors

January 13, 2016 — It takes a lot to bring Democrats and Republicans together on any issue in these days of heightened, highly partisan politics. It seems, however, that the National Oceanic and Atmospheric Administration has done the trick.

Sixth District U.S. Rep. Seth Moulton and 16 of his fellow New England congressmen — 12 Democrats, four Republicans and an independent — united last week to call on the agency to delay or call off its plans to force fishing vessel permit holders to pay to have someone looking over their shoulder as they work.

The so-called onboard monitoring program, where a federal observer rides along on fishing trips, is estimated to cost about $710 per day, per vessel. And NOAA expects fishermen to foot the bill. It’s an additional expense — the very definition of an unfunded mandate — that could put permit holders out of business for good. 

As Hampton, N.H., fisherman David Goethel asked John Kasich during the presidential candidate’s visit to Seabrook last week, “Can anyone in this room afford to spend $710 a day to drive to work, to have your own personal state trooper by your side to make sure you don’t go 66 on Interstate 95? (NOAA’s) own economists tell them that fishermen can’t afford it, and their answer is, basically, ‘tough.’ We shouldn’t have to sue our own government, but we have to because they’re not being held accountable.”

Goethel is suing the federal government over the monitoring plans. Kasich called the idea of forcing fishermen to pay for monitors “ridiculous” and “absurd.”

Goethel would seem to have allies — in spirit, at least — in the region’s congressmen. Their letter to NOAA Administrator Kathleen D. Sullivan urged the agency to delay shifting costs for the program to fishermen until a more efficient, less expensive plan is devised.

Read the full editorial 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

Inouye-influenced rule enables extra Hawaii tuna fishing

January 5, 2016 — HONOLULU (AP) — Many Hawaii residents were thankful for plentiful platters of ahi tuna they were able to enjoy over the holidays. But few realized the critical role the late Sen. Daniel Inouye played in making sure Hawaii fishermen could get it to them.

A federal rule allowing Hawaii-based fishermen to catch more bigeye tuna than permitted under international agreements can be traced to his time as chairman of the Senate Appropriations Committee.

In 2010, catch limits forced Hawaii fishermen to stop catching bigeye in waters west of Hawaii in November. That left Hawaii markets without much locally caught tuna just as holiday demand spiked.

This year, Hawaii longline fishermen hit their limit in August. But the National Marine Fisheries Service created new limits for U.S. territories like Guam and allowed Hawaii’s fleet to use up to half of them.

The fisheries service’s Pacific Islands regional administrator, Michael Tosatto, said Congress directed the federal agencies to create the quota transfer program in a 2012 appropriations bill.

Inouye was Senate appropriations committee chairman at the time, not long before his death in December 2012. The senator’s then-chief of staff said Inouye was troubled to see local fishermen abiding by quotas that U.S. diplomats had agreed to, only to see foreign fishermen keep fishing.

Read the full story from the Associated Press at New Jersey Herald

US Congress Changes Market Name of the Nation’s Largest Fishery

January 4, 2016 — The law, which currently only applies to the USA, requires that the geographic descriptor “Alaska” be used only on pollock harvested from the state of Alaska changing the market name of the nation’s largest fishery from “Alaska pollock” to “pollock”.

The new law corrects decades of consumer and market confusion over the use of the market name “Alaska pollock” on the species Gadus chalcogrammus regardless of its origin.

Before the law was enacted, pollock from both Russia and Alaska were sold in under the name “Alaska pollock,” making it impossible for consumers to determine product origin and to make a choice between the two sources.

Alaska pollock is the eighth most consumed fish in the United Kingdom being a favorite for children in the form of fish fingers, with some 15,000 tonnes being used annually in the UK Russian pollock, which has a different quality profile can be sold in the UK as “Alaska Pollock.”

Read the full story at The Fish Site

 

Statement from Paul Doremus, Deputy Assistant Administrator for Operations at NOAA Fisheries on Recent Press Regarding Relocation of NOAA Fisheries Woods Hole Laboratory

December 24, 2015 — The following was released from NOAA Fisheries:

On December 23, 2015, the Falmouth Enterprise published a story that NOAA “is exploring the possibility of relocating the Northeast Fisheries Science Center to a new facility outside of Woods Hole.” While the story suggests that relocation may be imminent, we are in fact very early in the process of considering how best to update the buildings and associated operations of the 54-year-old Woods Hole complex. The Enterprise story also contains statements from a Science Center employee that do not represent the views of the agency. At this point, NOAA has not made a decision to relocate the laboratory and will only pursue a recapitalization option after extensive analysis and consultations with the Administration and Congress.

Right now, NOAA is conducting a large-scale study that will evaluate all of our options for upgrading the Woods Hole complex. Studies like this are a normal business practice for long-term planning. This type of study requires the agency to evaluate multiple options to inform the overall decision-making process.

While NOAA Fisheries is fully committed to maintaining its scientific capabilities in the Northeast, the condition of that laboratory, built in 1961, will make it increasingly difficult for NOAA to continue its tradition of world-class fisheries science in the region into the future.

The current study will be completed sometime in the spring. Starting with this study, Fisheries will continue to work with NOAA and the Department of Commerce to ensure they have everything they need to evaluate our options, including information on potential community impacts, costs and benefits to our mission, and the ability for our Agency to continue to do our scientific work in the Woods Hole area.

We look forward to working further with the Administration, with Congress, and with all of our partners in the region as we evaluate our options for upgrading our facilities and providing the best long-term support for our scientific work in the Northeast.