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Connecticut & Massachusetts Congressional Delegations Advocate for Changes in Fisheries Management to Level the Playing Field for New England Fishermen

May 24, 2016 — The following was released by the office of Senator Chris Murphy (D-CT):

WASHINGTON, D.C. —Today, U.S. Senators Chris Murphy (D-Conn.) and Richard Blumenthal (D-Conn.), along with Representatives Joe Courtney (CT-02), John B. Larson (CT-1) Rosa DeLauro (CT-3), Jim Himes (CT-4), and Elizabeth Esty (CT-5) sent a letter along with nine Massachusetts delegation members to the U.S. Department of Commerce asking for changes to the Mid-Atlantic Fishery Management Council (MAFMC), which sets fishing quotas for many fish species caught by New England fishermen. Specifically, the letter asks that MAFMC to work in coordination with the New England Fisheries Management Council (NEFMC)on a joint management plan for black sea bass, summer flounder, and scup fisheries. Under current laws, mid-Atlantic fishermen harvesting fish off the coast of New England can at times legally take more than ten times that of New England vessels.

“As Members of Congress from states with rich fishing heritage and storied maritime industries, we write today to voice our concerns about the current fishery management structure for the black sea bass, summer flounder, and scup fish stocks,” wrote the delegation members.  “As fluctuations in ocean temperatures shift fish populations northward, New England fishermen are unfairly shortchanged when bountiful stocks managed by a Fishery Management Council outside of their region allocates local states low catch quotas.

“Looking at the current trend of northward movement of fish stocks, we urge the Department of Commerce to direct the MAFMC to work in coordination with the NEFMC on a joint management plan for the black sea bass, summer flounder, and scup fisheries. Until NEFMC member states’ interests are officially considered when negotiating fishery management plans through joint management, our fishing communities will continue to suffer from the existing out-of-date allocation formula.”

Warming ocean temperatures are causing some fish stocks that had formerly been more prevalent in the mid-Atlantic to migrate further north than they had before, including popular targets for fishermen such as summer flounder, black seabass and scup. The changing migration patterns of fish stocks mean that many fishermen from mid-Atlantic states, such as North Carolina, are now regularly venturing further north from their traditional fishing grounds, bringing them into direct competition with New England vessels operating off the coasts of Connecticut and Rhode Island.

Fishing regulations for different fish stocks in U.S. waters are managed by a series of Regional Fishery Management Councils. Among the specific items that these councils regulate are the fishing quotas, or amount of a specific fish species that a fishing boat may catch. The mid-Atlantic fishermen, under the jurisdiction of MAFMC, are allowed to harvest substantially more summer flounder, black seabass, and scup than the northeast fisherman who are a part of NEFMC. While New England fishermen are catching more and more of these species in their nets, they are forced to continually throw many of these fish back into the water. The mid-Atlantic fishermen operating in the same area can at times legally take more than ten times the catch of the New England vessels.

Full letter below

May 23, 2016

The Honorable Penny Pritzker
Secretary
U.S. Department of Commerce
1401 Constitution Avenue, N.W.
Washington, D.C. 20230
Dear Secretary Pritzker:

As Members of Congress from states with rich fishing heritage and storied maritime industries, we write today to voice our concerns about the current fishery management structure for the black sea bass, summer flounder, and scup fish stocks. As fluctuations in ocean temperatures shift fish populations northward, New England fishermen are unfairly shortchanged when bountiful stocks managed by a Fishery Management Council outside of their region allocates local states low catch quotas.

It has long been acknowledged that changes in our oceans’ ecosystems would require greater coordination among Regional Fishery Management Councils established through the Magnuson-Stevens Act (MSA). In fact, in a 2007 report to Congress on council management coordination required by the 2006 MSA reauthorization, the Mid-Atlantic Fishery Management Council (MAFMC) stated that “issues arise when overlapping species are managed exclusively by one Council.” However, there are several overlapping species that we believe would be most prudently managed jointly by the MAFMC and the New England Fishery Management Council (NEFMC) rather than exclusively through the MAFMC.

Since the aforementioned 2007 report, New England fishermen have consistently voiced their concerns regarding black sea bass, summer flounder, and scup quotas set by the MAFMC. New England states are noticing these fish stocks moving northward into traditional New England fishing grounds, yet state-by-state commercial allocations remain so low that our fishermen continue to throw catch overboard as fishermen coming from as far away as North Carolina can legally take sometimes more than ten times that of New England vessels in the same waters. Using summer flounder as an example, the MAFMC June 2015 summer flounder assessment state-by-state allocations provided New England states a combined quota of less than 25 percent share, while North Carolina had a share of over 27 percent. Furthermore, that same assessment noted that 24 percent of all commercial summer flounder caught in 2014 were in Statistical Area 537—a zone just to the east of Long Island Sound and south of Cape Cod.

Looking at the current trend of northward movement of fish stocks, we urge the Department of Commerce to direct the MAFMC to work in coordination with the NEFMC on a joint management plan for the black sea bass, summer flounder, and scup fisheries. Until NEFMC member states’ interests are officially considered when negotiating fishery management plans through joint management, our fishing communities will continue to suffer from the existing out-of-date allocation formula. We sincerely request that you take these considerations into account look forward to greater coordination among the coastal Atlantic states. Thank you for your attention to this important matter.

Sincerely,

REP. JOE COURTNEY
SEN. RICHARD BLUMENTHAL
SEN. CHRISTOPHER S. MURPHY
SEN. EDWARD J. MARKEY
REP. ROSA L. DeLAURO
REP. JOHN B. LARSON
REP. RICHARD E. NEAL
REP. WILLIAM R. KEATING
REP. MICHAEL E. CAPUANO
REP. STEPHEN F. LYNCH
REP. NIKI TSONGAS
REP. JAMES A. HIMES
REP. ELIZABETH H. ESTY
REP. KATHERINE M. CLARK
REP. JOSEPH P. KENNEDY, III
REP. SETH MOULTON

Mayor, supporters intensify push for fisheries center to move from Woods Hole to New Bedford

March 10, 2016 — NEW BEDFORD — A broad group of SouthCoast supporters is backing an intensified push for moving the Northeast Fisheries Science Center from Woods Hole to New Bedford, saying in a letter to the top NOAA administrator this week that bringing government scientists closer to the fishing industry could ease long-simmering tensions.

The letter was sent Monday to NOAA Administrator Kathryn Sullivan, written by Mayor Jon Mitchell and signed by more than 50 people, including port representatives, fishermen, SouthCoast politicians, local economic leaders and more. It describes “persistent distrust between NOAA and the fishing industry” over the last 20 years and says moving the science center to New Bedford could “restore the agency’s credibility in fishing communities,” by fostering communication.

“We have tried over the years to establish a more constructive dialogue with NOAA, and it just hasn’t happened,” Mitchell said Thursday. “I have long stressed that the best way to improve the government’s understanding of fishing communities is to get them to operate in one, and New Bedford is the undisputed center of the commercial fishing industry on the East Coast.”

The National Atmospheric and Oceanic Administration (NOAA), under the federal Department of Commerce, has been assessing the Woods Hole science center for more than a year.

The issue caught broad attention in December, when Falmouth town officials discussed a possible relocation of the center at a public meeting. Teri Frady, spokeswoman for NOAA at the science center, said at the time that repairs, renovations or replacement were possible options.

Paul Doremus, deputy assistant administrator for operations at NOAA Fisheries, said in December that NOAA’s assessment of the Woods Hole laboratory would be completed this spring.

Read the full story at the New Bedford Standard Times

As Onerous Fees go into Effect that Threaten New Hampshire’s Fishing Industry, Sen. Shaheen Provides an Opportunity for Industry Leaders to Send a Message to Washington

March 3, 2016 — The following was released by the Office of Senator Jeanne Shaheen:

Senator Jeanne Shaheen (D-NH), the lead Democrat on the Senate Small Business and Entrepreneurship Committee, invited two prominent industry leaders in the New England fishing industry to testify at a committee hearing today. Through her leadership on the committee, Senator Shaheen was able to make New Hampshire’s struggling fishing industry a major focus of Thursday’s hearing. James Hayward and Dr. Joshua Wiersma both spoke to the enormous threat that new federal at-sea monitoring fees and existing catch limits pose to New Hampshire’s fishermen. As of the first of this month, the National Oceanic and Atmospheric Administration (NOAA) is forcing New Hampshire fishermen to pay for an at-sea observer program, which monitors catch sizes for conservation purposes. The program, which was previously paid for by NOAA, will cost fishermen an estimated $700 per day on fishing trips.

“Fishing is an integral part of New Hampshire’s economy and heritage,” said Shaheen after the hearing. “Our struggling small-boat fleet needs relief from onerous federal regulations so New Hampshire’s fishermen can continue to make a living. Catch limits and at-sea monitoring fees threaten the very existence of our fishing industry. I’m very pleased that Mr. Hayward and Dr. Wiersma took the time to inform the Senate of their first-hand experience in our region’s fishing industry.”

During the hearing Mr. Hayward and Dr. Wiersma delivered a dire warning to the Senate.

Mr. Hayward: “Time is crucial and the road we’re headed down right now is not a good one. It’s pretty much the end is near and if things aren’t changed soon, at least to some extent, the fleets going to look a lot different in thirty six month. I can assure you of that.”

Shaheen: “Will we still have any fishing in New Hampshire if we don’t see some changes from NOAA?”

Mr. Hayward: “What will happen is the infrastructure will be gone and when that’s gone, the boats will leave. The ones that want to remain will be forced out because they will have no place to offload, market or sell.”

That interaction can be watched here.

At a separate hearing today on the Senate Appropriations Committee, Senator Shaheen confronted the Secretary of Commerce Penny Pritzker with the testimony she had just heard from Mr. Hayward and Dr. Wiersma. NOAA is an agency of the U.S. Department of Commerce. Their interaction can be watched here.

Background information on Senator Shaheen’s invited witnesses:

James Hayward, President of XI Northeast Fisheries Sector, Inc.

James Hayward is a second generation commercial fisherman. He is primarily a day boat gillnet fisherman operating in the Gulf of Maine ranging from 20 to 120 miles from port. He currently owns two fishing boats located in Portsmouth Harbor, New Hampshire. He owns and manages Heidi Seafood Services, the only federally licensed groundfish dealership at the State facility in Portsmouth Harbor.  He is president of the community’s groundfish sector, XI Northeast Fisheries Sector, Inc., as well as treasurer of New Hampshire community supported fisheries, New Hampshire Community Seafood.  He is also a board member of the Northeast Seafood Coalition and the Northeast Sector Services Network, and a member of the Seafood Harvesters of America.

Dr. Joshua Wiersma, Manager, Northeast Fisheries, Environmental Defense Fund

Dr. Wiersma has over 15 years of experience working with commercial fishermen in New England to improve their business conditions. His doctoral research, which examined the value of collaborative research to New England fishermen, led him to work directly for the ground fishing industry after graduation. Initially hired by the Massachusetts Fishermen’s Partnership as a Fisheries Economist, he then worked for the Northeast Seafood Coalition as their Sector Policy Analyst where he helped to create the twelve Northeast Fisheries Sectors. He went on to manage New Hampshire’s two ground fishing sectors for the next five years.  Over this time, he also co-founded and was the Executive Director of New Hampshire Community Seafood Association, a successful community supported fishery cooperative that offers fresh, local, underutilized fish to the New Hampshire public through a type of fish share model. He is now the Manager of Northeast Fisheries at Environmental Defense Fund, where he continues to work with fishermen to shape effective fisheries management, to improve fisheries science and data collection, and to develop better seafood markets and other business opportunities.

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.

 

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

MASSACHUSETTS: Fisheries Center Might Move Out Of Woods Hole

December 23, 2015 — The National Oceanic and Atmospheric Administration is exploring the possibility of relocating the Northeast Fisheries Science Center to a new facility outside of Woods Hole.

NOAA’s chief of research communications Teri Frady said Monday that the United States Department of Commerce, which oversees the NEFSC, has been evaluating the feasibility of the existing facility for about a year. She said a report will be completed by spring 2016 outlining options for the facility, which could include moving operations to a new building outside of Woods Hole.

The fisheries center, which operates as a research division of NOAA Fisheries, was founded by Spencer Fullerton Baird upon his appointment by President Ulysses S. Grant as the country’s first fisheries commissioner in 1871. The original facility was built on Water Street in 1885. After the facility was destroyed during Hurricane Carol, the current building was constructed in the same location in 1961.

Today, the Woods Hole branch manages operations of four other fisheries laboratories in the northeast, including those in Sandy Hook, New Jersey; Milford, Connecticut; Narragansett, Rhode Island; and Orono, Maine.

Ms. Frady said NOAA sees relocating as a way of possibly bringing all the fisheries operations together. In addition to its headquarters on Water Street, the fisheries houses its observer program on Carlson Lane, while its social sciences department operates out of leased space in the Falmouth Technology Park. The organization also operates a warehouse in Pocasset.

Read the full story at The Falmouth Enterprise

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

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 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

 

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