Saving Seafood

Federal government should fully fund fisherman safety programs

December 28, 2015 —  Commercial fishing is one of the most dangerous jobs in America. Groundfishermen in the Northeast are 37 times more likely to die on the job than police officers, according to U.S. Department of Labor statistics. They are 171 times more likely to die on the job than that average American worker.

As Massachusetts lawmakers noted in a joint letter to the president earlier this year, “If our school teachers died on the job at the same rate as our fishermen in Massachusetts, we would lose 400 public school teachers each year.”

Because there is no controlling the open ocean and offshore weather is difficult to impossible to consistently predict, fishing will always carry an element of danger.

It can, however, be safer. Only 10 percent of New England’s offshore fishermen have been through safety training. Raising that percentage will save lives.

Congress decided as much in 2010, when it passed the Coast Guard Authorization Act, which among other things required additional safety and survival training for those operating commercial fishing boats more than 3 nautical miles from shore.

The act established two competitive grant programs to help pay for the needed training; $3 million was to be set aside for fishing safety training, with another $3 million for fishing safety research grant programs and safety equipment.

Read the full opinion piece at the Gloucester Daily Times

 

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

Region’s struggling fishermen may get break on monitors

December 8, 2015 — The region’s fishermen, who have railed for months against the possibility of having to pay for the government observers who monitor their catch, may be getting a bit of a reprieve.

The New England Fishery Management Council, which oversees the region’s industry, approved measures last week to alleviate some of the burden fishermen are facing to cover the costs of the observers monitoring their catch.

Earlier this year, federal regulators decided to end the multimillion-dollar subsidy that paid for the program, handing off the cost to the fishermen. The observers, under federal mandates, accompany fisherman on about a quarter of their trips as a way to curb overfishing.

A federal report this year found the new costs could cause 59 percent of the region’s once-mighty groundfishing fleet to lose money. Many of the estimated 200 boats remaining are already struggling, given sweeping government-imposed cuts to quotas of cod and other bottom-dwelling fish.

The council’s recent action, if approved by federal regulators, could reduce by half the number of trips that observers are required to take with the region’s groundfishermen. The new regulations — which the government has estimated could cost fishermen as much $710 per trip with an observer — would reduce that requirement from nearly a quarter of trips to as low as 13 percent.

Read the full story at the Boston Globe

 

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.

Fishermen facing huge cost to pay for at-sea monitors as federal dollars dwindle

November 11, 2015 — QUINCY, Mass.  — The Northeast Fisheries Service Center said Wednesday that money to pay for at-sea monitors on fishing vessels is almost depleted, leaving fishermen and companies that own fishing vessels to cover the cost come January.

Bringing along a monitor to watch over the daily catch will cost local fishermen more than $700 a day.

The National Oceanic and Atmospheric Administration program started five years ago, but the NOAA and taxpayers picked up the tab at a total cost of $18.4 million since 2010, said Teri Frady, a spokeswoman for the Gloucester-based fisheries service said.

Frady was unable to say how many fishing boats in the state are currently mandated to have a monitor.

Marshfield fisherman Ed Barrett said the regulation affects any fishing boat working under the federal catch share program.

“No one can afford to do this,” said Barrett, who is president of the Massachusetts Bay Ground Fishermen’s Association. “There’s just not that kind of profit margin in this.”

Forced to pay $710 to bring along an approved monitor, some fishermen would actually lose money depending on the day’s catch, he added.

It was unclear Wednesday whether Congress would vote to restore funding to the program.

Read the full story at the Marshfield Mariner

 

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

 

“New England Fishermen Preservation Act” From Rep. Guinta to Cancel Federal Fees

October 1, 2015 — WASHINGTON (Saving Seafood) — The following was released from the Office of Congressman Frank Guinta (NH):

With his New England Fishermen Preservation Act (H.R. 3661) today, Congressman Frank Guinta continued his effort to stop federal fees that could extinguish New Hampshire’s fishing industry. Just nine Granite State operators still fish the Gulf of Maine, where National Oceanographic and Atmospheric Administration (NOAA) regulations have reduced their catch by 95 percent, report members of Seabrook’s Yankee Fishermen’s Co-op.  

New fees, averaging over $700 per vessel every few days, could cost fishermen in the region thousands of dollars monthly. “These are small, family businesses,” said Rep. Guinta (NH01), a member of the House Financial Services Committee. “Many are struggling to stay afloat, due to heavy regulations that seem to change from week to week. Fishermen up and down the Northeast could be sunk, when NOAA finally makes good on its threat.”

Rep. Guinta explained that under his bill “NOAA will continue to pay the costs of monitoring fishermen at sea, as the agency has for years.” Currently, NOAA pays contractors to accompany crews but has proposed shifting payment to fishermen themselves. The agency has shifted deadlines several times, recently from the end of October to December. In an email to congressional staff, NOAA regulators admit the change would be “economically challenging” for many.

“It’s economically challenging that an agency with a several-billon dollar budget is demanding fishermen pay its operating costs,” responded Rep. Guinta.

The New England Fishermen Preservation Act exempts Northeast fishermen from compliance with monitoring rules, until NOAA funds the program. Earlier this Congress, Rep. Guinta introduced the bipartisan Fisheries Investment and Regulatory Relief Act, which would re-direct existing federal money to U.S. fisheries and strengthen local control.

Read Rep. Guinta’s New England Fishermen Preservation Act here

Legislator: Fed money for fish study a good sign

October 2, 2015 — BOSTON — One of the Legislature’s top fishing advocates has taken encouragement from the federal government approving funding for an industry survey of cod stocks.

As part of $6.9 million in federal disaster relief, the National Marine Fisheries Service approved federal funds for an industry-based survey of Gulf of Maine cod, a species whose apparent decimation led to drastic reductions in catch limits and a fisheries disaster declaration.

Gov. Charlie Baker and other Massachusetts elected officials have criticized federal fishery regulators for refusing to consider alternative scientific methods for estimating fish stocks. The School for Marine Science and Technology at UMass Dartmouth has developed new methods for assessing sea life.

Sen. Bruce Tarr, a Gloucester Republican, said he was encouraged that the industry study was included in the grant award approved by federal fishery regulators.

“It offers me a sign of hope that they will begin to take seriously collaborative research and consider the independent efforts to try to give us a better understanding of what’s happening with cod stocks,” Tarr told the News Service.

The state Division of Marine Fisheries on Thursday announced the award, which will send most of a $6.7 million pot toward direct aid for fishermen and use another $200,000 to fund the administration of a program to buy back fishing licenses, which would be industry-funded, according to the state. The division will work on developing a proposal for a buyback program, and will work on helping fishermen obtain experimental federal permits for small-mesh nets.

Read the full story at New Bedford Standard – Times