Saving Seafood

Groundfishermen: ‘It feels like we’re just forgotten’

October 16, 2017 — HAMPTON, New Hampshire — New Hampshire fishermen say temporary federal aid for at-sea monitor coverage is barely holding their industry afloat now that a court battle over the cost appears to have ended.

The National Oceanic and Atmospheric Administration is currently covering 60 percent of the cost for third-party at-sea monitors to observe commercial groundfishermen’s compliance with federal regulations. That coverage is projected to end May 1, 2018, when fishermen will be expected to cover the entire cost, according to NOAA spokeswoman Allison Ferreira. Groundfish include New England seafood staples like cod and haddock.

Hampton fisherman David Goethel said he would probably sell his boat and stop fishing if NOAA stops funding its portion of the cost. He and other fishermen filed a federal suit arguing it was unfair for fishermen to pay for monitors required by NOAA. Judges at the district and circuit court levels ruled the fishermen filed the suit too late to be considered on its merits, and the U.S. Supreme Court denied a petition to have the case heard this month.

Read the full story at Fosters’s Daily Democrat

After Supreme Court ruling, fight over at-sea monitoring costs may head to Congress

October 10, 2017 — Despite a recent decision by the Supreme Court of the United States, a New Hampshire fisherman pledges to continue his fight against having to pay for monitors to accompany them while at sea.

When the court opened its new term last Monday, 2 October, it decided against hearing David Goethel’s case against the U.S. Department of Commerce, allowing the 1st Circuit Court of Appeals ruling to stand. The Hampton fisherman filed suit in December 2015, about nine months after the National Oceanic and Atmospheric Administration announced it would begin passing the costs of the monitoring program to the fishermen.

The monitoring costs more than USD 700 (EUR 596.03) per day, a price that Goethel and officials from the Northeast Fishery Sector 13 claim is too steep.

Read the full story at Seafood Source

NH fisherman takes $700-a-day mandate to have federal agent aboard to Supreme Court

July 31, 2017 — HAMPTON, N.H. — A commercial fisherman who is suing the National Oceanic and Atmospheric Administration over its at-sea monitoring program is hopeful the U.S. Supreme Court will hear his case on its merits.

David Goethel, of Hampton, who filed his original suit against the federal government in 2015, has been joined in his efforts by the Northeast Fisheries Sector 13. They represent fishermen from Massachusetts to North Carolina.

Cause of Action Institute, a nonprofit oversight group advocating for economic freedom and individual opportunity in Washington, D.C., is funding the lawsuit. Goethel said their support is evening the playing field for small commercial fishermen who are being forced to pay about $700 per day for at-sea monitors under current regulations.

“We simply just don’t have the money to play in these arenas,” Goethel said Friday.

Lawyers submitted their petition to the Supreme Court earlier this month. It calls for the court to reverse rulings about a 30-day statute of limitations for challenges, but at its heart, Goethel is asking for the case to be heard on its merits.

Goethel said he believes it is illegal for NOAA to require commercial fishermen to pay for at-sea monitors, when NOAA mandates them. NOAA has paid for the monitors on and off in the past, when they can find the money, Goethel said.

Read the full story at the New Hampshire Union Leader

UMass invention could cut fish monitoring costs

July 21, 2016 — Researchers at the University of Massachusetts Dartmouth have been awarded a patent for technology they say could reduce the costs of fishing vessel monitoring, a cost fisherman say threatens their livelihood, the school announced this week.

Dr. Brian Rothschild, the retired founding head of the UMass-Dartmouth School of Marine Science and Technology, and graduate student Glenn Chamberlain said their on-board 3D camera system would reduce costs, ensure accuracy and expand the scope of what information could be collected.

“Broad-based and accurate counting of the fish being caught is critical to our collective efforts to sustain critical fish stocks and thus the commercial fishing industry,” Rothschild said in a statement. “We believe we have found a way to count the fish being caught in a relatively low-cost manner that will increase confidence among the federal regulators and the fishing industry.”

The camera system, which would cost about $500 to install on a vessel, utilizes stereo photogrammetry, a system used by meteorologists to collect information about tornadoes, to capture images of fish either on the deck or passing through a net, according to the university. Those images could then be analyzed to produce “a permanent record of each sampling tow or catch in the fishery and to determine the species and size composition of each tow,” the university said.

Last year, Hampton, New Hampshire, fisherman Dave Goethel and a fishing sector filed a lawsuit challenging the legality of a mandate requiring them to carry at-sea monitors on their vessels and pay the cost of hosting those federal enforcement contractors. The government shifted the cost of paying for monitors from itself to fishermen earlier this year.

Read the full story at the Gloucester Daily Times

East Coast fishermen spar with federal government over cost of at-sea monitors

July 14, 2016 — Every year, the federal government spends millions monitoring New England commercial fishermen to ensure they ply their timeless maritime trade in accordance with the law.

Now, a judge is set to rule on who should foot the bill for the on-board monitors: the government or the fishing boat owners. The East Coast fishermen say sticking them with the bill would be the “death knell” for their  industry and is illegal on the part of the federal government.

Fishermen of important New England food species such as cod and haddock will have to start paying the cost of at-sea monitors soon under new rules. Monitors — third-party workers hired to observe fishermen’s compliance with federal regulations — collect data to help determine future fishing quotas and can cost about $18,000 a year, or $710 per voyage.

The Cause of Action Institute, a legal watchdog representing a group of East Coast fishermen, sued the federal government in December in U.S. District Court in Concord, N.H., seeking to block the transfer of payments from the National Oceanic and Atmospheric Administration to the fishermen.

“It is unlawful for NOAA to force struggling fishermen to pay for their own at-sea monitors,” said former federal judge Alfred Lechner, the institute’s president and CEO. “The significant costs of these regulations should be the responsibility of the government.”

The lawsuit was filed against the Department of Commerce on behalf of David Goethel, owner and operator of F/V Ellen Diane, a 44-foot trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit representing fishermen from Massachusetts to North Carolina.

It called the transfer of payments the “death knell for much of what remains of a once-thriving ground fish industry that has been decimated by burdensome federal overreach.”

“Fishing is my passion and it’s 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,” Goethel said when the suit was filed last December.

Read the full story at Fox News

NOAA to reimburse fishermen 85 percent for at-sea monitoring costs

June 23, 2016 — HAMPTON, N.H. — The National Oceanic and Atmospheric Administration will reimburse New England fishermen for 85 percent of the cost of at-sea monitors in 2016, U.S. Sen. Jeanne Shaheen’s office announced Wednesday.

NOAA is expected to launch a program July 1 through the Atlantic States Marine Fisheries Commission where fishermen will be reimbursed for costs they pay this year to the at-sea monitors, according to Shaheen’s office. Fishermen have said the costs, which began this year, are too much for them to pay and could sink their already weakened industry.

Shaheen’s staff said NOAA is paying for the reimbursement program through extra funds left over from the 2015 fiscal year and does not intend to cover costs for at-sea monitors in 2017.

At-sea monitors – third-party workers hired to observe fishermen’s compliance with federal regulations – must join commercial fishermen on 10 percent of their trips and cost fishermen an estimated $700 per day, officials have said.

NOAA paid for at-sea monitoring until May 1 when it began mandating fishermen cover the cost. The agency has received pushback from the fishing industry and New England’s congressional delegates who say it is unfair for fishermen to fund their own policing.

NOAA officials said they were withholding comment until Thursday.

Shaheen, D-N.H., said Wednesday she is happy fishermen will get relief this year from the costs. She and U.S. Sen. Kelly Ayotte, R-N.H., have been vocal about their opposition to NOAA forcing fishermen to pay for the at-sea monitors.

Read the full story at the Portsmouth Herald

At-sea monitoring fees are the latest threat to New Hampshire’s dwindling fishing industry

April 1, 2016 — Working as both a biologist and a fisherman, David Goethel brings a unique perspective to the state and federal fishery management boards he’s an adviser on. 

“I’ve spent all my life acting as a translator because they speak all different languages,” says Goethel, who worked as a research biologist at the New England Aquarium before he became the owner and operator of the Ellen Diane, a 44-foot fishing trawler based out of Hampton. 

But the most recent disconnect between the factions has resulted in Goethel and other groundfishermen filing a federal lawsuit. 

After delaying the regulation for years, the National Oceanic and Atmospheric Administration is now requiring groundfishermen to pay for the at-sea monitoring program — at a cost of an average $710 per trip, conducted at random. The monitoring is done to ensure that the fishermen adhere to groundfish catch quotas set in May 2010 by the New England Fishery Management Council, under NOAA. (Groundfish include cod, haddock and other common bottom-dwelling species.) 

Read the full story at the New Hampshire Business Review