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NOAA Fisheries Approves Modifications to a Regulatory Exemption for Northeast Groundfish Sectors

August 18, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries has approved a modification to the sector small-mesh exemption area. This action was proposed in an interim final rule published on April 28, 2017.

Through this action, we are expanding the area of the existing small-mesh exemption for groundfish sectors to increase sectors’ opportunities to use the exemption and to better match the footprint of the exemption to the fishery.

The larger area should create new opportunities for sector vessels to use this exemption, which will increase the efficiency of sector vessels participating in both the groundfish fishery and small-mesh exempted fisheries in southern New England.

All reporting and gear requirements for the exemption remain the same.

We are excluding the southern windowpane accountability measure areas from the sector small-mesh exemption area to limit impacts to groundfish stocks.

For more information, please see the notice as filed in the Federal Register.

A high-tech battle for the future of the fishing industry

January 3, 2017 — OFF THE COAST OF SCITUATE, Mass. — The high-tech battle for the future of the Massachusetts fishing industry is being waged aboard a western-rigged stern trawler named the Miss Emily.

Onboard the commercial groundfish vessel, in addition to the satellite positioning system and other sophisticated tools that have become standard in the industry, are at least five computer monitors and a $14,000 fish-measuring board that has halved the time it takes to gauge the catch.

State officials say it’s money well spent.

Federal catch limits — caps on how many fish each boat can catch — have devastated the state’s most iconic commercial sector, fishermen say. In response to an outcry from the struggling local groundfishing industry, environmental officials are now using the Miss Emily to try to come up with a new — and, they say, more accurate — estimate of codfish in the Gulf of Maine.

Under a survey launched last April, local fishermen hope new technology and an aggressive timetable will yield what they have concluded based on their own anecdotal evidence: There are more fish in the sea.

“That’ll give the federal scientists something to think about,” says David Pierce, director of the state’s Division of Marine Fisheries. “It’s going to be eye-opening, I suspect. It’s going to force them to do some soul-searching.”

National Oceanic Atmospheric Administration estimates put the Gulf of Maine groundfish stock at historically low levels, dictating a corresponding reduction in catch limits. Between 1982 and 2013, the number of metric tons of cod landed aboard commercial vessels plunged from more than 13,000 to 951, according to federal estimates. That, predictably, has drastically undercut the industry.

“The fleet has been decreasing in size, and we’re seeing less effort due to these catch limits,” says Bill Hoffman, a senior biologist with the state who oversees the survey. “Guys have gotten out.”

The 55-foot Miss Emily, skippered out of Scituate by captain Kevin Norton, has been equipped to approximate a smaller version of the Henry B. Bigelow, a 209-foot floating research vessel operated by NOAA, that is used to count fish for the federal government. Using a small portion of $21 million in federal fisheries disaster relief, the state launched a series of random “tows” to counter what some think is the less accurate federal vessel.

Read the full story at the Boston Globe

JANE LUBCHENCO & BRAD PETTINGER: With America’s fisheries rebounding, we can’t turn back

November 28, 2016 — The following is excerpted from an opinion piece written by Jane Lubchenco and Brad Pettinger. It was originally published Saturday in The Oregonian:

In the last 20 years, one of the country’s most valuable natural resources has transformed from a national disaster to a great American recovery story. But unless you’re a fishery scientist or a fisherman who suffered through the near collapse of a fishery, you’ve probably never heard the story.

We lived it.

We’ve been working along the West Coast for 40 years and can attest to the catastrophic collapse of a once massive groundfish fishery. We know fixing it was hard and messy. But we also know that troubled fisheries in the United States and around the world should look to our success and others for lasting solutions.

In the early 2000s, the fishery was in terrible shape. A number of rockfish species were becoming significantly overfished. As long-lived species, their recovery was expected to take decades. Level of discards of “bycatch” — accidental catch that occurs when fishing for target species – was high. This led to the fishery being declared a ‘federal disaster.’ Fish, fishermen and the communities that relied on them were suffering, and it was clear that if the system hadn’t yet hit rock bottom, it soon would.

Fortunately, potential economic extinction is a strong motivator. Fishermen teamed with scientists, conservationists and government managers. In 2011, we adopted a new approach that would bring science, accountability and long-term sustainability to a system that badly needed them.

Where previous management approaches placed numerous and strict limits on when, where and how boats could fish, the new approach established and managed secure fishing privileges for the fishery. Scientists used sound data to determine the amount of each species that could be caught each year while still allowing the species to recover. That total annual catch limit was divided among members of the fishery.

In five short years, the conservation turnaround has been remarkable and faster than anticipated. Species have rebuilt, bycatch discarding decreased by 75 percent and fishery managers have increased the amount of fish that can be sustainably caught. In fact, the fishery was recently certified as sustainable by the Marine Stewardship Council and received a slew of top ratings from Monterey Bay Aquarium’s Seafood Watch.

Read the full opinion piece at The Oregonian

NOAA Fisheries Seeks Comments on Proposed Groundfish Catch Limits and Modifications to the At-Sea Monitoring Program

March 23, 2016 — We are seeking public comment on a proposed rule that would set 2016-2018 catch limits for all 20 groundfish stocks, adjust the groundfish at-sea monitoring program, and adopt several sector measures.

Catch Limits

The new catch limits proposed for all 20 groundfish stocks are based on stock assessments conducted in late 2015.

The proposed allocations for Gulf of Maine cod, Georges Bank cod, Southern New England/Mid-Atlantic yellowtail flounder, and witch flounder could limit the operation of the groundfish fishery. However, these reductions are necessary to prevent overfishing for these stocks, which are all at historically low levels.

Based on the proposed allocation increases for Gulf of Maine haddock (150 percent) and Gulf of Maine cod (30 percent), we are proposing trip limit increases and season extensions for the recreational groundfish fishery in a separate action.

At-Sea Monitoring

The 2016 fishing year (May 1, 2016, through April 30, 2017) is the first full year that sectors will be responsible for the costs of at-sea monitoring. We worked with the New England Fishery Management Council to develop a set of reasonable modifications to the at-sea monitoring program to make the program more cost-effective while still reliably meeting monitoring groundfish catch.

The proposed changes include:

  • Elimination of the coverage requirement for certain sector trips with low groundfish bycatch;
  • Adjustment of method  NOAA Fisheries uses to set the annual coverage level to use more years of discard information and stock health to predict coverage levels; and
  • Reduction of the target at-sea monitoring coverage level of 14 percent for the 2016 fishing year (down from 24 percent for 2015).

Read the release at NOAA Fisheries

Maine DMR to pay out last of $3 million in federal aid

March 8, 2016 — AUGUSTA — The Department of Marine Resources will soon be making the third and final payment of federal disaster relief funds to 32 eligible Maine-based fishermen who hold federal Northeast Multispecies (groundfish) permits. The payment will total $1.02 million.

To qualify, Maine groundfish permit holders must have landings of more than 5,000 pounds in any one fishing year from 2010-2013. In addition, permit holders must have landed a minimum of 5,000 pounds of groundfish in either fishing year 2013 or 2014. Fishing years run from May 1 to April 30.

“The intent of these criteria is to focus disaster relief efforts on permit holders who have historical dependence on groundfish and have had continued reliance on the groundfish fishery during the disaster years,” DMR Deputy Commissioner Meredith Mendelson said recently.

According to Meldelson, the department understands that the Maine groundfish industry saw declines in many years preceding the disaster declaration by the secretary of commerce. The declaration was made based on what were, at the time, prospective revenue losses from the major reduction in Gulf of Maine cod quota available for the 2013 fishing year. DMR’s allocation of relief funds reflects the impact of that specific reduction.

The payments allocated to eligible permit holders were based on a formula developed by DMR after several outreach meetings with industry. Those payments, ranging from approximately $9,100 to $44,044, will reflect landings in fishing years 2013 and 2014 individually and combined.

Read the full story at The Ellsworth American

 

Maine DMR to Issue Third Round of Federal Disaster Relief Funds for Groundfishermen

March 1, 2016 — The following was released by the Maine Department of Marine Resources:

The Maine Department of Marine Resources will soon be issuing the third and final payment to thirty-two Maine-homeported commercial Northeast Multispecies (groundfish) permit holders who are eligible to receive direct assistance under federal disaster relief funding.

To be eligible, Maine-homeported groundfish permit holders must have landings of over 5000 pounds in any one Fishing Year from 2010-2013. In addition, permit holders must have landed a minimum of 5000 pounds of groundfish in either Fishing Year 2013 or 2014. 

“The intent of these criteria is to focus disaster relief efforts on permit holders who have historical dependence on groundfish and have had continued reliance on the groundfish fishery during the disaster years,” said Maine DMR Deputy Commissioner Meredith Mendelson. “We know that Maine’s groundfish industry has seen declines in many years preceding this disaster declaration.  However, the Secretary of Commerce’s declaration was made based on what were, at the time, prospective revenue losses from the major reduction in Gulf of Maine cod quota available for the 2013 fishing year. Accordingly, our allocation of relief funds reflects the impact of that specific reduction.”

The amounts allocated to eligible permit holders were based on a formula developed by the Maine Department of Marine Resources after several outreach meetings with industry. Amounts issued will reflect landings in Fishing Years 2013 and 2014 individually and combined.

Awards under this formula will range from approximately $9,100 to $44,044.

The funds are a portion of the $3.3 million allocated to Maine from the $75 million allocated by U.S. Congress to help with six fishery disasters, including the disaster declared in 2012 by the Secretary of Commerce as a result of significant quota cuts for key New England groundfish stocks.

Of the $75 million, $32.8 million was allocated to the Northeast groundfish industry. The allocation of those funds was negotiated among the state fisheries agency directors and announced in June, 2014.

The agreement split the $32.8 million evenly, allocating a third of the funds to each of three areas. $11 million was paid out as direct aid to permit holders in the northeast who have landed a minimum of 5000 pounds of groundfish stocks in any one fishing year since 2010.

In October, 2014, fifty-two of Maine’s federal groundfish permit holders received $32,500 each. In 2015, the DMR distributed $640,005 to help Maine’s groundfish fleet and related shoreside industries by rebating dealer landings and handling fees. 

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

Factory trawlers praised for halibut conservation

December 26, 2015 — What a difference a year makes for the halibut bycatch controversy in the Bering Sea at the December meetings of the North Pacific Fishery Management Council in Anchorage. The flatfish factory trawlers, vilified for much of this year, reported vigorous and voluntary efforts at halibut conservation, and even received praise from the Pribilofs. Their zeal was prompted by what might be termed resolution number two-by-four of the fish council last summer, which slashed halibut bycatch by 25 percent.

“It was a huge hit to our sector,” said Chris Woodley, executive director of the Groundfish Forum said last week.

But voluntary efforts by the flatfish fleet have already saved 265 metric tons of halibut this year, he said, exceeding the goal of 217 metric tons.

He cited the benefits of a special federal permit allowing deck sorting that gets the halibut back into the water faster and with greater chances of survival. With the halibut removed from the net and returned to the water from the top deck of the boat, only about half the halibut die, down from the 83 percent that perish when kept inside the huge trawl net for up to two hours while below decks in the factory area, he said.

At last week’s NPFMC meeting, representatives of the factory trawlers in the Amendment 80 fleet said that they were already taking measures to limit halibut bycatch, getting out ahead of the 25 percent cut that takes effect next year.

Read the full story at The Bristol Bay Times

 

Costs for at-sea monitors will force many fishermen out of business.

December 18, 2015 — The following was released by the Center for Sustainable Fisheries:

The Center for Sustainable Fisheries fully supports the lawsuit filed in New Hampshire last week by Cause of Action. The Washington-based watchdog group, which focuses its attention on government overreach, is suing the federal government on behalf of our commercial fishermen in New England.

The case is crystal clear. It stems from the high cost for at-sea monitors and the insistence, by NOAA’s intransigent National Marine Fisheries Service, that fishermen must now foot the bill for monitors because the agency has run out of money. This is simply outrageous. The regional administrator for the National Marine Fisheries Service is former New Bedford mayor John Bullard.

Beginning January 1, fishermen who are required to bring monitors on groundfish trips will be billed an estimated $710 daily for their services, an expense previously borne by our government regulators. This mandate comes down at a time that the groundfishery in New England has been declared a disaster, with landings and revenue down and fewer boats fishing. To now burden struggling fishermen with what is undoubtedly a function of government is simply unjust. Furthermore, NOAA has conducted its own study on the costs of monitoring and concluded that upwards of 60 percent of active groundfish vessels would be rendered unprofitable if forced to pay for at-sea monitors. ‘Unprofitable’ in this case meaning fishermen going out of business; deprived not only of income but a way of life.

The plaintiffs in this important case are Dave Goethel, a CSF board member and owner of the Ellen Diane, a 44-foot dayboat out of Hampton, N.H., along with Northeast Fishery Sector XIII, comprising thirty-two East Coast fishermen and managed by John Haran in New Bedford. The controversial issue has been simmering for some time. It is now in the hands of the judiciary. In arguing the case Cause of Action will present a number of legal arguments, primarily that NOAA has no authority to compel funding. It does not take a legal scholar to see which way this case should be resolved. Let us hope that justice will prevail.

View a PDF of the release

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